Sexual Harassment Allegations: Delhi HC Leaves It Open For Industrial Tribunal To Decide Pachauri’s Appeal

The Delhi High Court on Friday left it open to the Industrial Tribunal to decide on former TERI Chief R.K. Pachauri's petition against the internal complaints committee’s (ICC) findings on him in a sexual harassment case.

“We are, therefore, of the view that it would be appropriate to leave it open to the Industrial Tribunal-I to proceed further and decide the appeal following due process of law subject to further orders in this petition. It is open to both the parties to raise all the grounds as permissible under law before the Tribunal and the same be considered and determined in accordance with law,” the Bench comprising Chief Justice G. Rohini and Justice S.D. Sehgal observed.

It further directed continuation of its order dated May 17, 2016, wherein it had directed that any order passed by the Industrial Tribunal in Mr. Pachauri’s appeal shall not be given effect to, except with the permission of the Court.

The Petitioner, a former TERI employee, had alleged that the institution had not acted against Mr. Pachauri as per the recommendations of the ICC in connection with her sexual harassment complaint. She had also challenged the Tribunal’s jurisdiction to hear appeals against the ICC report.

She had hence challenged the vires of Rule 11 of the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Rules, 2013, which makes provision for appointment of an appellate authority by the appropriate Government. She had further sought appropriate directions for initiating disciplinary action against Mr. Pachauri, and for preventing any further victimization and harassment.

Allowing the Tribunal to continue with the proceedings against Mr. Pachauri, the Court listed the main petition for April 10.

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