PoSH Case Law 1 V12

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PREVENTION OF SEXUAL HARASSMENT

PROHIBITION AND REDRESSAL

CASE LAWS

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Case law 1

Case name

Gaurav Jain vs. Hindustan Latex Family

Planning Promotion Trust (HLFPPT) and

ors.

ICC report cannot be challenged

Case matter

Delhi High Court

Court

Acts and

The Sexual Harassment of Women at

sections

Workplace Act, 2013 Section 2(g) and

Section 13 (3)(i)

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Petitioners

Gaurav Jain

Hindustan Latex Family Planning

Respondent

Promotion Trust (HLFPPT) and ors.

Honourable Justice Valmiki J. Mehta

Judge

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLAC E (prevention, prohibition and redressal) Act, 2013

Case brief

Complainant – Nidhi Guha

Act of sexual harassment committed during

outstation visit

ICC report

Petitioner's arguments

Findings of ICC

 ICC has no power to make recommendation for

termination

 Only management has the power to take action

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Judgement

ICC’s decision cannot be challenged unless …

Proper sensitization of all on this aspect must be

done

Employer responsible for safety of women at

workplace

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (prevention, prohibition and redressal) Act, 2013

Learning outcomes

The decision passed by the ICC is final and binding

and cannot be challenged in any court of law

unless …

Employer is responsible for safety and security of

women at workplace

Employer is bound by the report of the ICC and has

to comply

REFERENCE MATERIAL

Case law (complete )

Case law (brief)

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