Panaji: Observing non-compliance with the POSH Act at the panchayat level, the Bombay high court has directed the director of panchayats (DoP) to file an affidavit specifying the total number of employees working in each panchayat office.The direction came after the DoP informed the court that a panchayat office in South Goa had fewer than 10 employees and, therefore, had not constituted an internal complaints committee (ICC) to address a panch member’s allegation of sexual harassment at the workplace.The panch member, however, submitted a list of employees, pointing out that at least 15 people, including contractual workers and others engaged by the panchayat, were providing services there. The member argued that the POSH Act was therefore applicable.“If this be so, the panchayat is in direct contravention of the provisions of Section 4 of the POSH Act and, as a consequence, the provisions of Section 26 of the POSH Act would apply,” the HC said. It pointed out that Section 26 provides for a penalty on employers who fail to constitute an ICC as required under Section 4.The court also clarified that the definition of an employee under the Act includes daily-wage, regular, temporary and ad hoc workers, as well as those appointed through an agent or contractor but working under the direct control of the principal employer.Observing that the DoP’s affidavit did not specify the total number of employees engaged at each panchayat by state govt, a division bench of Justices Valmiki Menezes and Amit Jamsandekar directed the department to inspect every panchayat office and submit a fresh affidavit.The affidavit must also identify panchayats with fewer than 10 employees, where complaints would fall under the jurisdiction of the local committee under Section 6 of the POSH Act, and specify the steps taken to extend the committee’s jurisdiction to these workplaces, the HC said.
