Limitation for sexual harassment complaints under the 2013 Act cannot be revived by a later settlement communication.

A complaint of sexual harassment under the 2013 Act must be filed within three months of the incident, with a recorded extension of up to a further three months only, making six months the outer limit. Where the last alleged incident occurred in November 2018 and no complaint was filed within that statutory period, the complaint is time-barred. A later communication concerning full and final settlement did not itself amount to sexual harassment and could not create a fresh cause of action or revive limitation. The Local Committee proceedings were therefore unsustainable, and the complaint and proceedings were quashed.

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Issues: Whether the complaint of sexual harassment filed before the Local Committee was within the limitation prescribed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal Act, 2013) and, consequently, whether the proceedings initiated on that complaint could be sustained.

Analysis: The statutory scheme under Sections 4, 6 and 9 of the Act of 2013 shows that a complaint lies before the Internal Committee where it is constituted, and before the Local Committee only in the situations recognised by Section 6. Section 9 prescribes a complaint period of three months from the date of incident, extendable by a further period not exceeding three months for reasons recorded in writing, making the outer limit six months from the date of the incident or the last incident in a series. On the facts found, the last alleged incident was in November 2018, and no complaint was filed within the statutory period. The later communication regarding full and final settlement was held not to amount to sexual harassment and therefore could not generate a fresh cause of action or extend limitation.

Conclusion: The complaint was barred by limitation and the Local Committee proceedings were unsustainable. The writ petitions were allowed and the complaint and proceedings before the Local Committee were quashed.

Ratio Decidendi: A complaint under Section 9 of the Act of 2013 must be filed within the statutory period of three months from the incident, extendable only up to a maximum of six months, and a post-employment settlement communication that does not itself constitute sexual harassment cannot revive or extend that limitation.

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