A recurring vulnerability in employment law is the weaponization of hyper-technical procedural rules to shield severe workplace misconduct. In high-stakes disciplinary actions, respondents frequently scour dense, legacy civil service rules or ancient standing orders to find minor administrative omissions, using them to stall, invalidate, or completely quash severe penalties. In Arun A. Iyer v. IIT Bombay, the Bombay High Court forcefully addressed this issue, reminding corporate and institutional employers that "procedure is the handmaiden of justice," designed to facilitate equity rather than act as a technical loophole for evasion. The Court observed that a highly formalistic, myopic approach cannot be adopted when interpreting enforcement mechanisms under specialized, welfare-driven legislations like the POSH Act . When an autonomous institution or a corporate entity possesses a robust internal framework that explicitly outlines how sexual harassment complaints are investi...
Not every case of sexual harassment at the workplace needs to culminate in a formal inquiry. The POSH Act , 2013 recognizes that in some situations, the aggrieved woman may prefer a less adversarial resolution. This is where conciliation plays a role offering an opportunity to resolve the complaint amicably, provided certain safeguards are respected. For the Internal Committee (IC), conciliation is a delicate process that requires sensitivity, neutrality, and strict adherence to law. 1. When Conciliation Can Be Considered Conciliation is an option available only at the request of the complainant. The IC cannot suggest or impose conciliation on its own. The request must be made before the start of the formal inquiry process. This ensures that the complainant’s autonomy and comfort remain at the center of decision-making. 2. Prohibited Basis of Conciliation The law expressly forbids monetary settlement as the foundation of conciliation. This is a critical safeguard against misuse and exp...