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CS Executive · Setting Up of Business, Industrial and Labour Laws · Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

In an inquiry at Arvind Steel Ltd., both the complainant, Neha, and the respondent, Rohit, are employees. Which procedural requirement applies under the Act during the inquiry?

Where both parties are employees, each must be given an opportunity of being heard during the inquiry, and a copy of the findings must be made available to both, enabling them to make representation against the findings before the Committee.

  1. AOnly the respondent must be heard, since the complainant has already filed her written complaint
  2. BBoth parties must be given an opportunity of being heard, and a copy of the findings must be made available to both so that they can make representation against the findings before the CommitteeCorrect
  3. CThe findings are confidential and may be given only to the employer
  4. DHearing is required only if the respondent requests it in writing

Explanation

The second proviso to section 11(1) states that where both parties are employees, they must be given an opportunity of being heard during the inquiry, and a copy of the findings must be given to both to enable them to make representation before the Committee. Option C contradicts this; option A denies the complainant a hearing.

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