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Employer convicted by Criminal Court for failure to Constitute an Internal Committee under sub­section (l) of section 4 of the POSH Act 2013   Dec 23, 2020

A complaint was filed by an employee under Section 27 of the POSH Act 2013 alleging that her employer had not constituted an ICC in accordance with Sec 4 of the Act.


The employer contended that it had a existing

Special Policy Against Harassment which is veryclear and transparent which is not rigid and caters to the requirements of Sexual Harassment of Women at Workplace Act, 2013. 


The Hon'ble Metropolitan Magistrates Court, on facts, held that the special policy is not in compliance with Section 4 (1) of Sexual Harassment of Women(Prevention Prohibition and Redressal Act) 2013 and therefore the Company has violated Sec 4 and is liable for conviction under Sec 26.


 Copy of the judgement is attached   


 

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