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22 views

Case Brief 4

Uploaded by

Manas Aa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Delhi High Court

Case Background:
The Petitioner, a former employee of Enlive Solutions (India) Pvt. Ltd., filed a writ petition
seeking directions to ensure compliance with the Sexual Harassment at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The petitioner contended that
the company failed to establish an Internal Complaints Committee (ICC) as required by the
POSH Act and sought court intervention to redress her complaint.
Key Facts.
1. Initial Complaint and Lack of ICC:
On May 24, 2024, the Delhi High Court addressed a case involving a woman
who had raised a complaint of workplace harassment. She had previously filed
a complaint under the Sexual Harassment at Workplace (Prevention,
Prohibition, and Redressal) Act, 2013 (commonly known as the POSH Act),
but faced delays in action from authorities.
The woman initially approached the police in Noida and later sought help
from the District Magistrate (DM) in Delhi when no progress was made. She
requested that her former employer, Enlive Solutions (India) Pvt. Ltd., form an
Internal Complaints Committee (ICC) as required under the POSH Act, which
mandates workplaces to establish a committee to handle harassment
complaints.
2. Court’s Initial Order on March 29, 2023:
The court initially ordered the DM to establish an ICC in Enlive Solutions
(India) Pvt. Ltd following the procedure provided in the POSH act and further
to keep the women's identity confidential and redacted per the same.
Despite this order, there were further delays from the respondents' side, which
led to the women filing multiple follow-up applications. Eventually, it was
found by the authorities that the registered office of Respondent Company at
304 Dharma Apartment Plot No.2, IP Extension, Delhi, was not functioning,
which led to the transfer of the complaint to NOIDA Gautam Buddha Nagar,
where the company had a working office.
3. Application to Implead CFO:
o The woman filed a further application requesting the inclusion of a senior
executive, Mr. Rajat Bansal, in the proceedings, as he was one of the accused
in her harassment complaint. Mr. Bansal argued that he should not be involved
since the company had shut down.
Court’s Analysis and Judgment
Maintainability of Applications in a Disposed Case:
The court rejected Mr. Bansal's contention and maintained that the closure of the business
does not excuse the responsibility for addressing harassment complaints.
The court emphasized that the POSH Act’s intent, by referencing Vishakha guidelines, is to
protect women employees against workplace harassment, and shutting down operations does
not absolve employers from accountability. Furthermore, directing that the investigation
should continue through LCC.
As a result, the court directed Mr. Bansal to appear before a Local Complaints Committee
(LCC), which handles POSH Act complaints in areas where companies lack an ICC, ensuring
a fair investigation.
The Court reiterated the importance of maintaining the women’s identity anonymous,
aligning with the POSH Act’s confidentiality provisions to protect complainants.

Why This Judgment is Important:


This judgment is important as it reinforces the principle that organizations, even if non-
operational, are still accountable for addressing workplace harassment complaints, hence
protecting employees’ rights under the POSH Act, and highlights that the protection against
workplace harassment extends beyond a company’s operational status or location sending a
strong message to both employers and employees that every organization, regardless of size
or status, must ensure a safe and harassment-free environment for its workers.

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