POSH Cases in Factories: Are Departmental Inquiries Required?

Addressing POSH Cases in Factories: Understanding the Process

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act), mandates every organization, including factories, to establish an Internal Committee (IC) to handle sexual harassment complaints.

However, a question often arises: Is a separate departmental inquiry required in factories after the IC concludes its investigation?

Let’s explore how POSH cases are addressed in factories and whether a departmental inquiry is necessary.

How Does the POSH Act Address Complaints in Factories?

Under the POSH Act, the IC is the key body responsible for investigating complaints of sexual harassment. The IC’s role involves:

1. Conducting a detailed inquiry based on the complaint.
2. Submitting a report with findings and recommendations.
3. Recommending disciplinary actions, including penalties for the accused, if necessary.

The IC’s inquiry is designed to be thorough and legally binding, making it sufficient for many organizations to act upon.

Do Factories Require a Separate Departmental Inquiry?

Factories often have their own service rules or Conduct, Discipline, and Appeal (CDA) regulations, which may demand a departmental inquiry for certain disciplinary actions, especially major penalties like termination. This has led to differing judicial interpretations:

Cases Where IC Findings Are Deemed Sufficient

Some judicial rulings, like the Madras High Court’s decision in The Management of Christian Medical College and Hospital v. Mr. SG Dhamodharan, have emphasized that employers should act on the IC’s recommendations directly, without initiating an additional inquiry.

Cases Requiring a Departmental Inquiry

On the other hand, judgments like the Karnataka High Court ruling in Dr. Arabi U v. The Registrar Mangalore University suggest that when service rules mandate a formal departmental inquiry for severe penalties, employers should conduct one to ensure compliance with those rules.

Why Do Judicial Interpretations Differ?

The necessity of a departmental inquiry depends on:

1. Internal Service Rules: Factories operating under CDA Rules or similar frameworks may be legally bound to conduct a separate inquiry for certain actions.
2. Nature of the Penalty: For minor penalties, IC findings are often sufficient. For major penalties like dismissal, organizations might need to adhere to their internal procedures.

What Are Service Rules, and Do All Organizations Define Them?

Service rules are a formal set of policies governing employee conduct, work conditions, and disciplinary procedures. Not all organizations have them, but they are more common in factories and large establishments.

If an organization lacks defined service rules, statutory frameworks like the Industrial Employment (Standing Orders) Act, 1946, or state-specific Shops and Establishments Acts serve as default guidelines.

CDA Rules: Applicability Beyond Factories

Conduct, Discipline, and Appeal (CDA) Rules are not confined to factories. While factories and industrial units often operate under such rules due to mandates like the Industrial Employment (Standing Orders) Act, CDA frameworks are also widely adopted in:

1. Public Sector Undertakings (PSUs): Examples include banks, railways, and other government-owned organizations.
2. Large Private Corporations: Many corporate organizations implement CDA-like rules for structured employee management.
3. Service Sector Companies: IT firms and service providers adopt tailored versions of CDA Rules to streamline internal processes.
4. Educational Institutions and Healthcare Organizations: Universities and hospitals use CDA Rules for effective governance and consistency in disciplinary actions.

The applicability of CDA Rules depends on the organization’s size, nature, and regulatory environment, making them relevant across sectors to maintain workplace discipline.

Best Practices for Factories Handling POSH Cases

1. Define Clear Service Rules: Factories should ensure their rules align with the POSH Act while clarifying if departmental inquiries are needed.
2. Train the IC: Internal Committees must be well-versed in handling cases per legal and organizational protocols.
3. Seek Legal Advice: Consult legal experts to ensure compliance with both the POSH Act and internal service rules.
4. Transparent Communication: Communicate the inquiry process and its implications to employees for clarity and trust.

Conclusion

While the POSH Act provides a robust mechanism for handling sexual harassment cases, the requirement for a separate departmental inquiry in factories depends on the organization’s service rules and judicial precedents. Employers must strike a balance between compliance with the POSH Act and adherence to internal disciplinary frameworks.

By aligning POSH procedures with service rules and CDA frameworks, factories and other establishments can ensure a safer, more compliant workplace while addressing cases of sexual harassment effectively.

Please reach out to us for any queries on Departmental Inquiries.

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