TaxTMI 
TaxTMI 
TaxTMI 
2021 (3) TMI 1480
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....complaint made to the Local Committee constituted under Section 6 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal Act, 2013) (hereinafter referred to as 'the Act of 2013'). Learned counsel for the parties are ad idem that these three writ petitions can be conveniently disposed of by a common judgment. Detailed facts are not required to be given, however, to understand the dispute, some skeleton facts are being narrated. Respondent no. 4 filed a complaint with the Local Committee on 18.09.2019 alleging sexual harassment at the hands of certain officers of the petitioner company in one of the writ petition. As per the complaint, the last incident of sexual harassment is alleged to have happened on 03.11.....
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.... further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organisation; (b) not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge; (c) one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment: Provided that at least one-half of the total Members so nominated shall be women. (3) The Presiding Officer and every Member of the Internal Committee shall....
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....ate one nodal officer in every block, taluka and tehsil in rural or tribal area and ward or municipality in the urban area, to receive complaints and forward the same to the concerned 6[Local Committee] within a period of seven days. (3) The jurisdiction of the 7[Local Committee] shall extend to the areas of the district where it is constituted. 9. Complaint of sexual harassment.-(1) Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident: Provid....
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....t the Local Committee is an alternative forum for lodging such complaints where either the Internal Complaints Committee has not been constituted owning to the fact that the establishment has less than 10 workers or if the complaint is against the employer himself. The word 'employer' has been defined in Section 2(g) of the Act of 2013. Going further, Section 9 makes a provision for lodging a complaint by the aggrieved woman to the Internal Complaints Committee, if so constituted, or the local Committee in case, the Internal Committee is not so constituted. Thus, the Local Committee gets jurisdiction only in two eventualities; first if there is no Internal Complaints Committee or if there is one but the complaint is against the employer hi....
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....nded that the complaint as per Section 9 should have been lodged with the Internal Complaints Committee which is in place and therefore, the Local Committee erred in entertaining the complaint. Learned counsel appearing in the connected petitions have also reiterated the same arguments. On the other hand, learned counsel appearing for the complainant has submitted that the respondent was thrown out of job on 16.01.2019 and still her accounts were not settled for a considerable period. He contended that the accounts were ultimately settled on 11.06.2019 and the tone and tenor of communication of the full and final settlement itself reflects that the complainant was being pressurized. He, hence submitted that the complaint falls within the l....
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....eriod of three months have been prescribed from the date of incident and in case of a series of incidents, within a period of three months from the date of the last incident. The last incident is alleged to have taken place on 03.11.2019. This Bench has also examined the communication dated 12.06.2019 which is with respect to the full and final settlement. From the reading of the aforesaid communication, it is not possible to conclude that it can be treated as an act of sexual harassment. The employer has only intimated her that there was an internal investigation and certain discrepancies including financial irregularities have been found against her. Such communication as noticed above, does not fall within the four corners of sexual hara....