The Prevention of Sexual Harassment (PoSH) Act provides a strong mechanism to ensure fairness and accountability during workplace sexual harassment inquiries. One of its most important features is the right to appeal, which allows any aggrieved party to challenge the decision of the Internal Committee (IC) or Local Committee (LC). Understanding the powers of the appellate authority helps employees and employers navigate the process with awareness and confidence.
1. Right to Appeal Under the PoSH Act
Under the POSH Act, both the complainant and the respondent have the right to file an appeal against the findings or recommendations of the IC/LC.
- Appeals must usually be filed within 90 days of receiving the committee’s decision.
- This ensures a fair opportunity for reconsideration if a party believes the decision is unjust or improperly handled.
2. Who Serves as the Appellate Authority?
The appellate authority may vary depending on the worker’s employment category or organisational structure. It can include:
- Courts or labour tribunals
- A designated higher administrative authority
- An authorised body under applicable service rules
This ensures that appeals are reviewed by a competent and independent forum.
3. Power to Review Inquiry Procedures
A key role of the appellate authority is to verify whether the inquiry was conducted in accordance with PoSH guidelines.
- It examines whether due process was followed.
- It ensures that the committee acted without bias and adhered to statutory procedures.
4. Examination of Evidence and Records
The appellate authority has the right to review all evidence considered by the IC/LC, including:
- Witness statements
- Documentary proof
- Digital or video evidence
- Inquiry reports and explanations provided during the proceedings
This helps determine whether the committee’s findings were reasonable and supported by facts.
5. Power to Uphold, Modify, or Cancel Decisions
After reviewing the case, the authority can:
- Confirm the committee’s recommendations
- Modify the penalties, compensation, or corrective actions
- Set aside the IC/LC decision entirely
- Order a fresh inquiry if serious procedural or evidentiary lapses are found
These powers ensure that incorrect or unfair decisions can be corrected.
6. Ensuring Compliance with Principles of Natural Justice
The appellate authority ensures that both parties received a fair hearing. It checks whether:
- Each side was given an equal chance to present their case
- The committee acted impartially
- No procedural injustice affected the outcome
If any violation of natural justice is identified, the authority can revise the decision.
7. Requesting Additional Information
For a more thorough review, the appellate authority may request extra documents, clarifications, or statements from either party or from the IC/LC. This enables it to make a well-informed and balanced judgment.
8. Reviewing Penalties and Compensation
The authority can reassess:
- Compensation awarded to the complainant
- Disciplinary actions imposed on the respondent
- Recommendations such as counselling, warnings, suspension, or termination
It ensures that penalties are fair, proportional, and lawful.
9. Enforcing Final Orders
Once the appellate authority issues its final order, the employer is legally required to implement it.
Failure to comply may result in legal or administrative consequences under relevant employment laws.
10. Strengthening Transparency and Accountability
By providing an accessible appeal mechanism, the PoSH Act reinforces transparency and trust in workplace complaint handling. The appellate authority’s powers ensure that decisions are not just procedural, but also fair, justified, and aligned with the principles of workplace safety and dignity.
