IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 786 OF 2021
CASE TITLE : Dasharath Kallappa Bhosale v. State of Maharashtra & ors.
DECISION DATED : 11 March, 2021
HONORABLE JUSTICE MR. K.K. TATED AND R.I CHAGLA
INTRODUCTION:
The industries, Energy and labour department, Maharashtra government has issued a notification appointing 20 industrial courts as appellate authority in respective districts under sexual harrasment of women at workplace ( Prevention, Prohibition and Redressal) Act, 2013. The notification came pursuant to the Bench's order passed in a writ petition filed under article 226 of the Constitution of India. The Appeal deals with Rule 11 of sexual harrasment of woman at workplace (Prevention, Prohibition and Redressal) Rules, 2013.
FACTS OF THE CASE :
In this case, the appellant had challenged the order passed by the Local Complaint Committee, Pune which imposed a penalty on the appellant under the POSH Act. According to the appellant, an appeal was preferred before the Industrial Court, Pune, which was rejected on the grounds that no notification had been issued under rule 11 of sexual harrasment of women at workplace (Prevention, Prohibition and Redressal) Rules, 2013, appointing the Industrial Court as the Appellate Authority, and therefore, the court lacked jurisdiction to try and dispose of the Appeal.
OBSERVATIONS :
Under Rule 11 of the POSH Rules, the Appellate Authority is the authority as per section 2(a) of the Industrial Employment (Standing Orders) Act, 1946 (hereinafter IESO Act, 1946). No such notification has been issued.
CONCLUSION:
The Bombay High Court granted a stay on the Operation of the impugned order dated on 3 December 2020 and directed the assistant government pleader to file an affidavit addressed to the concerned officer to clarify whether a notification had been issued to notify the Appellate Authority as stipulated by law, and if not, then within how much time they will issue said notification. Seven years after passing of the POSH Act, the government, appointed 20 Industrial Courts constituted under section 10 of the Mahabharata industrial relations as the Appellate Authority to exercise the functions of an Appellate Authority under POSH Act in respect of the industrial Establishments in relation to which the state government is the appropriate authority.
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