Section 11 Requires Respondent's Workplace ICC — (2025) INSC 1415
The phrase 'where the respondent is an employee' in Section 11(1) of the POSH Act mandates that the ICC of the respondent's workplace has exclusive jurisdiction.
Dr Sohail Malik v. Union of India — (2025) INSC 1415Core Argument
The phrase 'where the respondent is an employee' in Section 11(1) of the POSH Act mandates that the ICC of the respondent's workplace has exclusive jurisdiction. The ICC of the aggrieved woman's department cannot adjudicate because it has no disciplinary authority over the petitioner.
Key Precedents
- Davies Jenkins & Co. Ltd. v. Davies (1968) AC 1097 — Although cited by the respondent, this case supports the petitioner because it requires careful attention to the grammatical and contextual meaning of 'where'; here, the context of Section 11 being a procedural provision indicates that 'where' introduces the forum, not a mere condition.
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BENCH QUESTION
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