In a landmark ruling, the Karnataka High Court has clarified that the appellate authority under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), can issue interim orders, including staying the decision of an Internal Complaints Committee (ICC), while hearing an appeal.
On November 5, Justice S. Sunil Dutt Yadav addressed a petition filed by Nagaraj GK, who contested the final ICC report, which had upheld allegations of sexual harassment against him. The petitioner’s appeal, which sought a stay on the ICC’s findings, was initially overlooked by the appellate authority. This led to Nagaraj arguing that unless interim relief was granted, individuals facing false allegations would have to endure prolonged periods of uncertainty while their appeals were pending.
Justice Yadav examined the relevant provisions of the POSH Act and found that, although there was no specific mention of interim relief in the statute, there was also no express prohibition against the appellate authority granting such relief. The Court reasoned that the power to set aside an ICC’s decision implied the authority to issue an interim stay if necessary.
While the Court refrained from commenting on the merits of the appeal itself, it ruled that the appellate authority should consider the petitioner’s request for interim relief within two weeks, underscoring the importance of addressing grievances promptly in cases under the POSH Act.
This ruling paves the way for a more dynamic and responsive approach to handling appeals under the POSH Act, ensuring that those seeking redress are not left without recourse during the appeal process.
