The POSH Act and its Enquiry framework

The POSH Act and its Enquiry framework
Formation of an IC is not only the duty cast upon the employer. In many occasions it has been found that the IC lacks competence and competency to deal with a given situation. Hence, it becomes imperative upon the employer to educate, sensitize and train their IC members as to how an enquiry should be conducted under the POSH Act.

Formation of an IC is not only the duty cast upon the employer. In many occasions it has been found that the IC lacks competence and competency to deal with a given situation. Hence, it becomes imperative upon the employer to educate, sensitize and train their IC members as to how an enquiry should be conducted under the POSH Act.

Enquiries which are quasi-judicial in nature should adhere to the principle of natural justice has been time and again held by various High Courts and Supreme Court as well. The question that arises as to then, what is natural justice? The Supreme Court in A.K.Kraipak & Ors V Union of India AIR 1970 SC 150 while dwelling on the subject inter-alia observed thus :

“The aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. In other words, they do not supplant the law of the land but supplement it. -The concept of natural justice has...

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Deepanjan Dey

currently is General Manager- IR at Eveready Industries India Ltd., Kolkata

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Deepanjan Dey

currently is General Manager- IR at Eveready Industries India Ltd., Kolkata

July 2022 Issue

Building Better Work Culture -July 2022

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