Deepanwita Halder Vs State of Hp — Himachal Pradesh HC (2026) — LawSathi Research

Deepanwita Halder Vs State of Hp — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief granted; the petition was disposed of and the petitioner was left free to avail appropriate remedy before the competent forum for the redressal of her grievances.

Issue for consideration

Whether the Respondent should be directed, by writ of mandamus, to notify the courts entitled to hear appeals under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. +2 more

Ratio / Principle

Taking note of the respondents' reply and the submissions of learned counsel for the petitioner, the present writ petition was disposed of, and it shall be open for the petitioner to avail appropriate remedy before the competent forum for the redressal of her grievances.

Key takeaways

Pending miscellaneous application(s), if any, were also ordered to stand disposed of.ratio¶25

Detailed headnote1 paragraphs

Writ petition (CWP No. 10175/2023, High Court of Himachal Pradesh, Shimla; Jyotsna Rewal Dua, J.; decided 12.03.2026) by Deepanwita Halder v. State of H.P. The petitioner sought (i) a mandamus directing the Respondent to notify the courts entitled to hear appeals u/s 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013; (ii) Rs. 5,00,000/- as compensation for mental, emotional and financial trauma allegedly caused by the non-existence of such appellate courts and noncompliance of the Act; (iii) costs; and (iv) condonation of the period of limitation for filing her appeal under section 18 of the Act. In its reply, the Respondent stated that the learned Industrial Tribunal-cum-Labour Court had been notified as Appellate Authority under Section 2(a) of the Industrial Employment (Standing Orders) Act, 1946 by notification issued on 31.08.1978 (Annexure R-1), and that appeals under Section 18 of the 2013 Act and the Rules framed thereunder lie to the learned Industrial-cum-Labour Court against the recommendations of the Internal Complaints Committee. Learned counsel for the petitioner submitted that, in view of the information supplied in the reply, she would avail appropriate recourse for redressal of her grievances. Taking note of the reply and these submissions, the Court disposed of the petition, observing that it shall be open to the petitioner to avail appropriate remedy before the competent forum; pending miscellaneous application(s), if any, also stand disposed of. None of the substantive prayers (mandamus, compensation, costs, condonation) was granted.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 10175/2023 Decided on: 12.03.2026

Deepanwita Halder ….Petitioner

Versus

State of H.P. …Respondent

Coram

Ms. Justice Jyotsna Rewal Dua, Judge.

Whether approved for reporting?¹

For the petitioner: Ms. Srishti Chauhan, Advocate.

For the respondents: Mr. L.N. Sharma, Additional Advocate General.

Jyotsna Rewal Dua, J

This writ petition has been filed for the grant of

following substantive reliefs: -

“(a) This Hon'ble Court be pleased to issue a writ/order in the nature of mandamus or any other appropriate writ/order directing the Respondent to notify the courts which are entitled to hear the appeals u/s 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("Act").

(b) This Hon'ble Court be pleased to order Respondent to compensate the petitioner with Rs. 5,00,000/- (Rupees Five Lakhs

1 Whether reporters of the local papers may be allowed to see the judgment? yes

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Only) for the mental, emotional and financial trauma faced by the petitioner due to non- of existence of the courts to hear the appeals u/s 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("Act") and noncompliance of the act.

(c) This Hon'ble Court be pleased award costs of the present writ petition that this Hon'ble Court deems fit to be granted. (d) This Hon'ble Court may be pleased to condone the period of limitation for filing of appeal by the petitioner under section 18 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("Act").”

Respondents have filed the reply. As per the reply:-

learned Industrial Tribunal-cum-Labour Court has been notified as Appellate Authority under Section 2(a) of the Industrial Employment (Standing Orders) Act, 1946 under notification issued on 31.08.1978 (Annexure R-1); That the petitioner can prefer an appeal under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the Rules framed thereunder to the learned Industrial-cum-Labour Court against the recommendations of Internal Complaints Committee.

Learned counsel for the petitioner submits that in view of the information supplied by the respondents in their reply, the petitioner shall avail appropriate recourse for the redressal of her grievances.

Taking note of the aforesaid reply and the submissions made by learned counsel for the petitioner, the present petition is

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disposed of. It shall be open for the petitioner to avail appropriate remedy before the competent forum for the redressal of her grievances. Pending miscellaneous application(s), if any, shall also stand disposed of.

Jyotsna Rewal Dua Judge

12^th March, 2026(rohit)