The Delhi High Court recently delivered a significant judgement focusing on ensuring gender equality and preventing workplace harassment in Enlive Solutions (India) Pvt. Ltd. The case concerns the implementation of the POSH Act and the formation of a proper ICC following a complaint by an employee. The court’s directive aims to uphold fundamental rights and enforce anti-harassment measures in the company. #GenderEquality #POSHActCompliance #DelhiHighCourt
Facts
- The Court considered the arguments presented by both parties.
- The Court reviewed the relevant legal provisions and precedents.
- The Court analyzed the facts and evidence provided in relation to the specific part (FAC) of the case.
- The Court made a decision based on the interpretation of the law and application to the facts presented.
Arguments
- The Petitioner, who used to work in M/s Enlive Solutions (India) Pvt. Ltd., filed a complaint on 24th November, 2022, with the Police Commissioner, NOIDA, stating that her sexual harassment complaint was not being considered and no ICC was constituted.
- The Ld. counsel for the Petitioner contends that no details of the complaints are available with the DM, and the LLC report confirms the absence of an ICC in Respondent No.2, which is a violation of the POSH Act.
- The purpose of the POSH Act is to prevent harassment of women in the workplace.
- Mr. Rajat Bansal, representing Respondent No.2, argues against the maintainability of the Petition, stating that it is not applicable to a disposed of matter with no active proceedings.
- The Petitioner is dissatisfied with the lack of action taken by the police on her complaint.
- An objection is raised regarding the limitation imposed on initiating proceedings under the Act.
- The Petitioner seeks directions for the DM to ensure the constitution of a proper ICC in Respondent No.2/company.
- Mr. Rajat Bansal clarifies that he is not an employee nor holds a managerial position in Respondent No.2.
- Following no response from the DM, the aggrieved person approached the District Magistrate (DM), IP extension, Delhi on 24th February, 2023, but still no action has been taken.
Analysis
- The court emphasized that the winding up of Respondent No.2 does not mean the complainants are left without a remedy.
- The court highlighted the importance of ensuring there is a proper Internal Complaints Committee (ICC) in Respondent No.2 Company.
- The court underlined the confidentiality of the Petitioner’s name as per Section 16 of the POSH Act.
- The Petitioner appeared before the ICC formed by Respondent No.1 on specific dates for her complaint to be recorded.
- The court issued directions for compliance with the POSH Act and forming an ICC for the Petitioner to file her complaint.
- The court noted that even though Respondent No.2 has wound up, the complaint process for the Petitioner should continue.
- The District Magistrate was directed to take necessary actions within a month as per the law.
- The court directed the ICC to proceed further under the provisions of the POSH Act, including possible actions against other Directors of Respondent No.2.
- The Court laid down guidelines and norms for the effective enforcement of gender equality and protection against sexual harassment until a legislation is enacted.
- The guidelines were issued under the power available under Article 32 of the Constitution for enforcing fundamental rights.
- It was emphasized that these guidelines would be treated as the law declared by the Court under Article 141 of the Constitution.
Decision
- Mr. Rajat Bansal directed to appear before LCC on 03.06.2024 at 11:00 AM
Case Title: PETITIONER/AGGRIEVED WOMAN Vs. STATE OF DELHI & ANR. (2024:DHC:4348)
Case Number: W.P.(C)-4063/2023
