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| ALL ABOUT APPEAL UNDERS POSH ACT 2013 |
Section 18 (1) of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the Act) read with Rule 11 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Rules, 2013 allows aggrieved person affected by the recommendations of the Internal Committee (IC) file an appeal if he/she isn’t satisfied with the recommendations
If the aggrieved person is governed by The Central Civil Services(Classification, Control and Appeal) Rules, 1965 and is not satisfied with the recommendations of the IC, then his/her representation shall be filed with the Disciplinary Authority. If the aggrieved is not satisfied with the Disciplinary Authority’s decision, he/she can file an appeal with the State or Central Administrative Tribunal whoever has the jurisdiction in that matter.
If the aggrieved person is NOT governed by The Central Civil Services(Classification, Control and Appeal) Rules, 1965 then clause(a) of Section 2 of The Industrial Employment (Standing Orders) Act, 1946 comes into picture.
“2. (a) “appellate authority” means an authority appointed by the Appropriate Government by notification in the Official Gazette to exercise in such area as may be specified in the notification the functions of an appellate authority under this Act”
Section 2 (b) of The Industrial Employment (Standing Orders) Act, 1946 reads thus-
“appropriate Government” means in respect of industrial establishments under the control of the Central Government or a [Railway Administration] or in a major port, mine or oil-field, the Central Government, and in all other cases, the State Government:
[Provided that where any question arises as to whether any industrial establishment is under the control of the Central Government, that Government may, either on a reference made to it by the employer or the workman or a trade union or other representative body of the workmen, or on its own motion and after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties]
Limitation period-
An appeal shall be preferred within a period of ninety days of the receipt of recommendations.
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