Maharashtra Government Notifies Appellate Authorities Under POSH Act After Filing Of Art. 226 Petition Before Bombay High Court
Over seven years after coming into force of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act and Rules in 2013, the Maharashtra Government issued a notification appointing the Appellate Authority under the Act. The Industries, Energy and Labour Department of the State appointed “Industrial Courts”, constituted under section 10 of the Maharashtra Industrial Relations Act, 1947, as the Appellate Authority under the POSH Act in respect of Industrial Establishments that fall under State jurisdiction. The development comes in response to a writ petition filed by a Pune based educationist, accused of sexually harassing an employee at the school where he is a member of the Managing Committee. Advocate Dr. Chinmay Bhosale appearing for the Petitioner informed the High Court that the Petitioner was held guilty of the alleged misdeeds by a Local Complaints Committee, Pune and the former wished to challenge the conviction order. However, in the absence of an appropriate notified appellate authority under section 2(a) of the Industrial Employment (Standing Orders) Act, 1946 [as per the provisions of Rule 11 of the POSH Rules] the Petitioner is left devoid of an appropriate forum to prefer an appeal.