LAKHWINDER P. SINGH Vs. IIHMR

JUDGEMENT

(1.) Present writ petition has been filed challenging the impugned judgment dtd. 9/12/2016 passed by the Ld. Presiding Officer, Industrial , New Delhi in RCA No. 02/2016. The Ld. Tribunal dismissed the appeal preferred by Petitioner and held that the same is not maintainable on the ground that the enquiry report of the Internal Complaints Committee does not contain any recommendations as prescribed under Sec. 13 (3) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the Act"). The Petitioner seeks the quashing of Internal Complaints Committee Report submitted by the Internal Complaints Committee constituted by Respondent No. 1 under the provisions of Prevention of Sexual Harassment Act, 2013 of the Internal Complaints Committee constituted under Sec. 4 of the Act.

(2.) The Petitioner joined Respondent No. 1 as an Assistant Professor in 1996. In 2011, the Petitioner was appointed as Director of Delhi campus of Respondent No.l. Respondent No. 2 who was appointed on contractual basis w.e.f. 27/10/2014 submitted complaint against Petitioner on 3/6/2015. The Internal Complaint Committee (ICC) conducted a detailed inquiry and submitted its report on 9/6/2015 and inter alia held that the petitioner cannot be absolved from the charges of sexual harassment. The petitioner being aggrieved by the enquiry conducted by the ICC preferred an appeal before the Ld. Industrial Tribunal.

(3.) Ld. Industrial Tribunal after interpreting Sec. 13 of the act held that since there were no recommendations submitted by ICC, the petitioner has no right to prefer an appeal and hence, it is not maintainable. Respondent No. 1 terminated the services of Petitioner on 16/12/2016. Contention of the petitioner: