Bombay High Court Rules Private Employers' Internal Harassment Committee Findings Not Subject to Writ Petitions

Bombay High Court Clarifies Appeal Route for POSH Act Cases Against Private Employers The Bombay High Court, in a significant ruling, has declared that writ petitions challenging the decisions of Internal Complaints Committees (ICCs) established by private companies under the POSH Act are not maintainable. Justice NJ Jamadar stated that private employers and their ICCs do not fall under the definition of "State" or "instrumentality of the State" as per Article 12 of the Constitution, and therefore, cannot be directly subjected to writ jurisdiction unless performing a public duty. The case involved a captain at Akasa Air who challenged an ICC report that recommended a final warning, a bar on upgrades, and a POSH refresher course following a complaint of inappropriate remarks by a trainee pilot. The captain alleged procedural violations, including denial of cross-examination and breach of confidentiality. The Court clarified that while writ jurisdiction can be exercised against a private entity performing public functions, the internal inquiry process of a private employer under POSH Act does not qualify. The proper recourse for any grievance against an ICC's findings is to file an appeal before the Appellate Authority designated under Section 18 of the POSH Act. The judgment distinguished between cases where an ICC refuses to act and cases where the inquiry is alleged to be flawed. It also noted that cross-examination is not always mandatory if facts are undisputed or credibility is not in doubt. The petition was dismissed, with the petitioner granted four weeks to file an appeal. Impact: This ruling provides clarity on the legal avenues available for employees and employers regarding sexual harassment complaints in the private sector. It may reduce the number of writ petitions filed against private companies, directing such disputes to the prescribed appellate mechanism, potentially streamlining the resolution process but also emphasizing the statutory appeal route. Companies can expect internal ICC proceedings to be challenged primarily through this specific appeal channel. Definitions: - Writ Petitions: A formal written order issued by a court commanding or preventing a specific action. In India, they are typically filed under Article 226 of the Constitution for fundamental rights violations or when a legal right is infringed by a public authority. - Internal Complaints Committees (ICCs): Committees mandated by the POSH Act within organizations to receive and address complaints of sexual harassment. - Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act): A law in India that provides protection against sexual harassment of women at the workplace and ensures the redressal of complaints. - Article 12 of the Constitution: Defines "the State" for the purpose of enforcing fundamental rights. It includes the Government of India, Parliament, the Government of states, State Legislatures, and all local or other authorities within the territory of India or under the control of the Government of India. - Appellate Authority: An authority designated under the POSH Act to hear appeals against the orders or decisions of the ICC. Impact Rating: 7/10