Nagaraj G K Vs Hon’ble Addl. Labour Commissioner Appellate Authority (Karnataka High Court)
Karnataka High Court held that the appellate authority under POSH Act, 2013, despite the absence of specific provision for granting of interim order, would have the power to consider the interim application.
Facts- It is the case of the petitioner that he was appointed as a Finance Officer on contract basis and during the course of his employment, the 2nd respondent lodged a complaint against him of sexual harassment at work place, which according to him is a false complaint. It is further submitted that petitioner had filed his detailed reply to the complaint of the 2nd respondent. It is submitted that the internal committee has made out its recommendation by way of final report and the employer has passed an order of transfer.
The petitioner submits that in the appeal filed before the Appellate Authority, an application for stay is filed and till date, no orders are passed and the Authority has merely issued notice in the appeal without considering granting an interim order of the impugned proceedings which has caused irreparable loss and injury to the petitioner.
Conclusion- Held that the appellate authority despite the absence of specific provision for granting of interim order would have the power to consider the interim application. Thus, without entering into the correctness of the orders impugned, the writ petition is disposed off, observing that the appellate authority has the power to consider the application of the petitioner for stay, as may be appropriate upon the merits of the matter.
