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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

The Internal Committee of Orion Infotech Ltd, Bengaluru, finds the allegation proved against Mr. Nair, who has since resigned, so salary deduction is impossible. The Committee had determined a sum payable to the aggrieved woman. Which course follows from the Act?

The employer may direct the respondent to pay the determined sum directly to the aggrieved woman. If he fails to pay, the Internal Committee may forward the order for recovery as an arrear of land revenue to the concerned District Officer.

  1. AThe employer may direct the respondent to pay the sum, and if he fails the Committee may forward a recovery order as arrears of land revenue to the District OfficerCorrect
  2. BThe sum lapses because deduction from salary is the only mode
  3. CThe aggrieved woman must file a civil suit for recovery
  4. DThe employer must pay the sum from its own funds

Explanation

Under the provisos to section 13(3), where deduction is not possible due to absence or cessation of employment, the employer may direct the respondent to pay the sum. If he fails, the Committee may forward the recovery order as an arrear of land revenue to the concerned District Officer. The Act does not make the sum lapse or shift it to the employer.

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