The Court directed the respondent bank to take appropriate action on the petitioner's representation and the Internal Complaints Committee's recommendations regarding sexual harassment, after finding the respondent had omitted its statutory obligation under the POSH Act.
Direction to take appropriate action as per ICC recommendations within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.2131 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
W.P.No.2131 of 2020
A.Sheela Rani
... Petitioner
versus
The Chairman, Tamil Nadu Grama Bank, No.6, Yercaud Road, Hasthampatty, Salem - 636 007. ... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to pass orders on the petitioner's representation dated 15.04.2019 and to grant her compensation in accordance with Sections 13 & 15 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 .
For Petitioner : M/s.D.Geetha
For Respondent : Mr.Sridhar Standing Counsel
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W.P.No.2131 of 2020
O R D E R
Heard M/s.D.Geetha, learned counsel for the petitioner and Mr.Sridhar, learned Standing Counsel for the respondent and perused the materials available on record.
2. The petitioner, who was employed as an Office Assistant is said to have sexually harassed by one Vivekanandan and for which, she has given a complaint. The said complaint has been dealt by the internal complaints Committee and the Committee had made an enquiry and given a finding that the complaint of the petitioner is true and also recommended to prefer a police complaint and to initiate disciplinary proceedings.
3. M/s.D.Geetha, learned counsel for the petitioner submitted that
as per the recommendations of the internal complaints Committee, so far no action has been taken by the respondent. Now this Writ Petition has been filed seeking direction against the respondent to pass orders on the representation of the petitioner and also to grant her compensation in accordance with Sections 13 and 15 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
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W.P.No.2131 of 2020
4. Once the internal complaints Committee gives a finding that the
allegations made by the petitioner is true, an appropriate action has to be taken as per its recommendations and the respondent, who is an employee should act upon the recommendations.
5. Since the respondent has omitted to do the statutory obligation as prescribed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the respondent is directed to take appropriate action as per the recommendations of the internal complaints Committee and in accordance with the representation made by the petitioner dated 15.04.2019 and pass an order within a period of four (4) weeks from the date of receipt of a copy of this order.
With the above observation, this Writ Petition is disposed . No costs.
26.02.2024 Speaking order / Non-speaking order Index : Yes / No Neutral Citation : Yes / No sri
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W.P.No.2131 of 2020
R.N.MANJULA, J.
sri
To
The Chairman, Tamil Nadu Grama Bank, No.6, Yercaud Road, Hasthampatty, Salem - 636 007.
W.P.No.2131 of 2020
26.02.2024
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1 issue framed by the court
Whether the respondent was statutorily obligated to take action based on the Internal Complaints Committee's findings?
2 provisions across 2 enactments
A.Sheela Rani
The Chairman, Tamil Nadu Grama Bank
R.N.MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
