📢 Important Legal Update on POSH Act Compliance

The Jammu and Kashmir and Ladakh High Court has issued a significant judgment concerning the limitation period for filing complaints under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act).

In the case of Mohammad Altaf Bhat Vs. Principal Chief of Commissioner and Ors., the Court ruled that complaints must be filed within three months of the alleged incident as mandated by Section 9(1) of the POSH Act. An extension of an additional three months is permissible only if valid reasons are recorded by the Internal Complaints Committee (ICC).

The Court observed that complaints filed beyond this condonable period without proper justification are beyond the jurisdiction of the ICC. The ruling further emphasized that statutory authorities must adhere to procedural safeguards and natural justice principles during inquiries.

Case Highlights:

Incident Date: April 25, 2016.

Complaint Filed: October 16, 2017 (well beyond the permissible period).Court’s Decision:

The ICC’s proceedings were quashed due to the failure to record reasons for condoning the delay.

This judgment reinforces the importance of:

Timely Filing of Complaints: Employers and employees must ensure compliance with the strict timelines under the POSH Act.Procedural Safeguards: Authorities must record valid reasons for any delay to uphold the credibility and jurisdiction of their actions.Fair Inquiry: Natural justice principles must be upheld during all proceedings.

💡 Takeaway for Employers & ICCs:

Ensure robust processes are in place for handling complaints within the prescribed timelines. Non-compliance with these statutory requirements could result in legal challenges and the invalidation of ICC decisions.

For a detailed analysis of this judgment, read here:👇