For banks and insurance companies, appropriate government will be Central for POSH Act.

 Kerala High Court

Suresh Babu vs The Regional Joint Labour ... on 23 May, 2016

IN THE HIGH COURT OF KERALA AT ERNAKULAM

 PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 22ND DAY OF NOVEMBER 2016/1ST AGRAHAYANA, 1938
WP(C).No. 35914 of 2016 (L)
-------------------------------------------
PETITIONER(S) :
-------------------------
SURESH BABU,
DEVIKRIPA, PUKKATTUPARAMP,
NANTHIYATTUKUNNAM, NEAR AYURVEDA
HOSPITAL, NORTH PARAVOOR P.O.,
ERNAKULAM-683 513.


BY ADV. SRI.J.OM PRAKASH

RESPONDENT(S) :
-----------------------------

1.         THE REGIONAL JOINT LABOUR COMMISSIONER,
           KAKKANAD P.O., ERNAKULAM.
2.         THE MANAGING DIRECTOR,
           HDFC STANDARD LIFE INSURANCE
           COMPANY LIMITED, CORPORATE AND REGISTERED
           OFFICE, LODHA EXCELUS, 13TH FLOOR,
           APPOLO MILLS COMPOUND,
           N.M. JOSHI MARG, MAHALAKSHMI,
           MUMBAI-400 011.


           R1 BY SR. GOVERNMENT PLEADER SRI. S.GOPINATHAN

           THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
           ON 22-11-2016, THE COURT ON THE SAME DAY DELIVERED THE
           FOLLOWING:




Msd.

WP(C).No. 35914 of 2016 (L)
------------------------------------------
            APPENDIX

PETITIONER(S)' EXHIBITS :

P1                  A TRUE COPY OF THE LETTER DATED 23/05/2016 ISSUED TO
                    THE PETITIONER.

P2                  A TRUE COPY OF THE DRAFT-COPY OF THE 1-131 WHOLE
                    BODY- SCINTIGRAPHY REPORT OF THE PETITIONER ISSUED
                    FROM THE AMRITAINSTITUTE OF MEDICAL SCIENCES AND
                    RESEARCH CENTRE DATED 30/11/2015.

P3                  A TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY
                    THE PETITIONER DATED 23/06/2016.

P4                  A TRUE COPY OF THE 1ST RESPONDENT DATED 14/07/2016.

P5                  A TRUE COPY OF THE S.R.O NO. 327/2016 DATED 16/04/2016.

RESPONDENT(S)' EXHIBITS :

                            NIL

                                                        //TRUE COPY//


                                                       P.A.TO JUDGE. Msd.



                      A.MUHAMED MUSTAQUE, J.
                  =========================
                      W.P.(C).No.35914/2016
                  ~~~~~~~~~~~~~~~~~~~~~~~~~
     Dated this the 22nd day of November, 2016


                            J U D G M E N T

The petitioner filed an appeal before the first respondent under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. However, this appeal was returned by the first respondent vide Ext.P4 stating that the first respondent is not the appellate authority. The petitioner refers to Ext.P5 notification issued under Section 2 of the Industrial Employment (Standing Orders) Act, 1946. This shows that the first respondent is the appellate authority. In that view of the matter, the impugned order is set aside. The first respondent is directed to dispose of the appeal, at any rate, within a period of two months after hearing all concerned.

The writ petition is disposed of as above. No costs.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE ms