The government of Telangana has constituted an appellate authority under the POSH Act 2013.

The government of Telangana has constituted an appellate authority under the POSH Act 2013.

According to section 18 rule 11 of the Protection of Women from Sexual Harassment Act, 2013 (the POSH Act), the state government has to constitute an appellate authority. However, despite the ten years passed after the enactment of the Act, the Telangana government did not constitute the appellate authority; therefore, the persons who are aggrieved by the inquiry findings and decisions of the Internal Complaints Committee (I.C.C) had no opportunity to appeal against the orders.

One of the petitioners in the high court who was aggrieved by the orders of the internal complaints committee (I.C.C) because of the biased attitude of the I.C.C violation of due procedures and violation of principles of the natural justice has approached the Department of Labour seeking details of the appellant authority. To his surprise, they came to know that no such appellate authority was in existence.

Therefore, he approached the Hon’ble High Court of Telangana on 03/07/2023 vide W.P. No 17143/2023, praying the court to direct the Government to constitute appellate authority as prescribed under section 18 rule 11 of the POSH act, which enables the complainant or the respondent, whoever aggrieved by the decision of ICC can approach appellate authority.

The High Court directed the Advocate General to appear in this case twice. One of the special Government pleaders appeared and informed the court that the appellate authority was constituted after filing the writ petition vide G.O.Ms No 23 dated 11/08/2023 Department of Labour Employment of Training and Factories ( Labour-II).

Now onwards, persons aggrieved by the enquiry findings and decisions of the Internal Complaint Committee (ICC) can approach the appellate authorities constituted by the Department of Labour Government of Telangana. A copy of the G.O.Ms No 23 dated 11/08/2023 Department of Labour Employment of Training and Factories ( Labour-II) is enclosed.

Case Title: Gummadavelly Rajasekhar vs. State of Telangana.

Case Number: W.P. No. 17143/2023

Advocates: Senior counsel V. Raghunath, Advocate U.D.Jai Bhim Rao, M A Shakeel

Advocates on Record Dr. B. Karthik Navayan, Nalamasa Krishna, Srikanth Chintala and Swapna Gumpula.