Below are important High Court judgments dealing with ICC vs LCC jurisdiction under the POSH law (useful for litigation, writ petitions, and IC/LCC proceedings).


⚖️ Important Case Law on ICC vs LCC Jurisdiction

1️⃣ Rashi v. Union of India & Ors. – Delhi High Court (2020)

Court: Delhi High Court

Key Issue

Whether the Internal Complaints Committee (ICC) was properly constituted and competent to conduct the inquiry.

Held

The POSH Act mandates proper constitution of ICC in every establishment.

If the ICC is not constituted according to Section 4 of the Act, the proceedings can be questioned.


Legal Principle

If the ICC is defective or improperly constituted, the complaint may be entertained by the Local Complaints Committee (LCC).


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2️⃣ Sahitya Akademi Case – Delhi High Court

Court: Delhi High Court

Key Issue

Complaint was against the Secretary of the organization, who fell within the definition of “employer.”

Held

The Court ruled that:

> When the complaint is against the employer, the LCC has exclusive jurisdiction, not the ICC.



Legal Principle

ICC cannot inquire against the employer himself; such complaints must go to LCC under Section 6 POSH Act.


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3️⃣ Dr. Sohail Malik v. Union of India – Jurisdiction Clarification

Court: Supreme Court of India (affirmed principles affecting ICC jurisdiction)

Issue

Whether ICC can entertain complaints where the respondent belongs to another department or organization.

Held

The Court clarified:

> The ICC of the aggrieved woman’s workplace can entertain the complaint even if the respondent works in another department or organization.



Relevance to ICC vs LCC

This ruling clarified that:

Jurisdiction disputes should not defeat POSH complaints

ICC may proceed even if the respondent is outside the organization.



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4️⃣ Bombay High Court – Challenge to ICC Constitution

Court: Bombay High Court

Issue

Whether an employee can challenge the validity of ICC constitution after participating in the inquiry.

Held

The Court ruled:

> A person who voluntarily participated in ICC proceedings cannot later challenge the constitution of ICC merely because the outcome is unfavourable.



Principle

Procedural challenges to ICC must be raised at the appropriate stage, not after the inquiry.


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5️⃣ Madras High Court – Procedural Compliance in ICC Inquiry

Court: Madras High Court

Issue

Whether the inquiry conducted by ICC violated principles of natural justice.

Held

The Court set aside the punishment because:

Opportunity to cross-examine was not given.

Proper procedure under POSH Act was not followed.


Principle

If ICC inquiry violates statutory procedure, courts can order a fresh inquiry or intervene.


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📊 Key Legal Principles from the Above Judgments

Situation Jurisdiction

Complaint against employer LCC
ICC not properly constituted LCC / challengeable
Respondent from another workplace ICC of complainant’s workplace
Employee participated in ICC inquiry Cannot later challenge ICC validity
ICC violates procedure Court may set aside inquiry



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📌 Important Litigation Strategy (Practical Tip)

When arguing LCC vs ICC jurisdiction, courts usually examine:

1. Who is the respondent (employee or employer)


2. Whether ICC was legally constituted


3. Whether ICC had territorial/workplace jurisdiction


4. Whether inquiry process followed natural justice



If any of these fail, courts may:


Transfer matter to LCC

Order fresh ICC inquiry

Set aside disciplinary action.

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