Decoding The Principles Of Natural Justice In A POSH Inquiry

In a decade, since the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act") was enacted, many aspects of the law have thrown up multiple challenges for companies as well as the Internal Committee ("IC") which is constituted by a company to conduct inquiry into complaint of sexual harassment of women at the workplace.

The concept of 'principles of natural justice' which the IC must follow in its inquiry as mandated by the POSH Act has been open to varying interpretations and examined by the courts on several occasions – the most recent example being the matter titled Dr. R.K. Pachauri (Deceased) v. Union of India & Ors. (RCA DJ NO. 5/23). The order passed by the Industrial Tribunal of New Delhi ("Tribunal") on July 03, 2023 ("Order"), compels one to focus on such concept as the Tribunal also delved into the crucial issue of what amounts to the IC following the principles of natural justice in its inquiry