Section 18 POSH Act: Appeal

Section 18 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Appeal

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clause (i) or clause (ii) of sub-section (3) of section 13 or sub-section (1) or sub-section (2) of section 14 or section 17 or non-implementation of such recommendations may prefer an appeal to the court or tribunal in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist then, without prejudice to provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed.

(2) The appeal under sub-section (1) shall be preferred within a period of ninety days of the recommendations.

Legal Commentary & Landmark Judgments: Section 18

Section 18 provides a statutory right of appeal for any person aggrieved by the recommendations or non-implementation of the Internal Committee or Local Committee findings.

Inquiry & Trial Mechanism: Under sub-section (1), any person aggrieved by the recommendations made under Section 13(2), Section 13(3), Section 14, Section 17, or the non-implementation of such recommendations may prefer an appeal to the appellate authority notified under the applicable Service Rules, or where no such rules exist, to the appellate court or Industrial Tribunal under Section 2(a) of the Industrial Employment (Standing Orders) Act, 1946.
Appellate & Judicial Remedies: Under sub-section (2), the appeal must be preferred within a strict limitation period of ninety days from the date of the recommendations being communicated to the appellant.

Section 18 secures the statutory right of appeal before an appellate authority or court against Internal Committee recommendations or employer inaction.

Key Landmark Precedents:

Gaurav Jain v. Hindustan Petroleum Corp. Ltd. (2020) SCC OnLine Del 1422: Confirmed that an appeal under Section 18 lies to the appellate authority under service rules, and courts should not entertain writ petitions unless statutory appellate remedies are exhausted.
Aureliano Fernandes v. State of Goa (2023) 17 SCC 513: Emphasized that appellate authorities must examine procedural improprieties and bias claims strictly to ensure constitutional due process.

Legal Commentary:

Section 18 ensures that the findings of the Internal Committee are not beyond judicial scrutiny. Both an exonerated respondent facing an adverse finding and an aggrieved woman whose complaint was arbitrarily dismissed have a ninety-day statutory window to challenge the determination before an appellate authority.

Section 18: Appeal

Section 18 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Appeal

Legal Commentary & Landmark Judgments: Section 18