X Vs. DISTRICT MAGISTRATE (SOUTH) & ANR

JUDGEMENT

(1.) Cm. No.40234/2018 (for exemption)

(2.) In substance, the challenge in this appeal is to the order of the learned Single Judge dated 13th August, 2018, whereby the learned Single Judge has dismissed the writ petition upholding the order passed by the Local Complaints Committee dated 13th June, 2018 on the complaint made by the appellant herein. Suffice it to state that the Committee as well as the learned Single Judge had held that the complaint made by the appellant on 19th March, 2018 was beyond a period of three months as specified under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

(3.) It was contended by the learned counsel for the appellant, that in the complaint dated 19th March, 2018, the appellant did refer to certain communications sent by the appellant to her employer which shall reveal that the appellant did raise the issue of sexual harassment at the earliest and within the limitation period. She has also relied upon an e-mail sent by an employee working with Edible Routes, the employer against whose CEO the appellant had made the complaint, to contend that the complaint made by the appellant had been acknowledged and was under consideration. She concedes to the fact that the effect of these communications as referred to in the complaint dated 19th March, 2018 and the e-mail dated 8th January, 2018 could not be considered by the Local Complaints Committee. She also concedes that e-mail dated 8th January, 2018 was not on record of the Local Complaints Committee.