Chief Justice's Court
Case :- WRIT - C No. - 42583 of 2018 Petitioner :- Pradeep Verma Respondent :- Union Of India And 6 Others Counsel for Petitioner :- Shambhu Chopra Counsel for Respondent :- A.S.G.I.,Apurva Hajela,C.S.C.
Hon'ble Govind Mathur,Chief Justice Hon'ble Chandra Dhari Singh,J.
This petition for writ is before us to have an appropriate writ order or direction for the respondent concerned to appoint an Appellate Authority as per Section 18 of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 read with Rule 11 of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Rules, 2013.
The grievance of the petitioner is that a recommendation has been made by a complaint committee as per provision of Section 13 read with Section of the Act of 2013. A remedy of appeal to challenge such an order is given under Section 18 of the Act aforesaid. Under the Act of 2013 neither the term "Court" nor the term "Tribunal" has been defined. No service rules too are made by the institution respondent no. 7.
According to learned counsel appearing on behalf of the petitioner Rule 11 of the Rules of 2013 pertains to appeal and according to that "Subject to the provisions of Section 18, any person aggrieved from the recommendations made under Sub- section (2) of Section 13 or under clauses (i) or clause (ii) of Sub-section 3 of Section 18 or Sub-section (1) of Sub-section (2) of Section 14 or Section 17 or non-implementation of such recommendations may prefer an appeal to the Appellate Authority notified under clause (a) of Section 2 of the Industrial Employment (Standing Orders) Act, 1946."
It is submitted that by invoking powers under Section 2 of the Act of 1946 no Appellate Authority has been appointed by the "appropriate government" as per provisions of the Act of 1946. "Appropriate Government" is defined under clause (b) of Section 2 of the Act of 1946 and as per that in respect of the industrial establishment under control of the State Government the appropriate government shall be the State Government.
After availing necessary instructions, learned Standing Counsel states that by a notification dated 2nd July, 1997, the Appropriate Government has already constituted a Tribunal and also empowered the Tribunal to exercise powers of "Appellate Authority". It is brought to our notice that such Appellate Authority is functional even at Prayagraj (Allahabad). A photocopy of the notification dated 2nd July, 1997 along with its typed copy is also made available for our perusal.
In view of whatever stated above, it is expected from the Appellate Authority to consider the appeal on merits and decide the same expeditiously in accordance with law. Petition is accordingly dismissed.
Order Date :- 22.1.2019 VMA (Chandra Dhari Singh, J.) (Govind Mathur, C.J.)