The Supreme Court on Friday said the plea for job security for members of the internal complaint committees for sexual harassment at workplace was "important" and sought the assistance of the solicitor general of India.
A bench of Justices Surya Kant and N Kotiswar Singh said despite issuing notice to the Central government, neither anyone appeared nor a reply was filed.
"This is an important cause which has been raised in the matter. We would like to examine it. You serve the copy on the solicitor general. If no one appears on the next date, we will appoint an amicus," the bench told the petitioner's counsel.
The petitioners are Janaki Chaudhry, former member of a ICC committee, and former journalist Olga Tellis.
The bench posted the hearing next week.
On December 6, the top court, while agreeing to examine the plea, issued notice to the Ministry of Women and Child Development.
The PIL sought security of tenure and protection from retaliation for members of internal complaints committees constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act) in private work places.
The petition filed through advocate Munawwar Naseem claimed women ICC members in the private sector were not entitled to the same level of protection and security of tenure that ICC members of public sector enjoyed.
The PIL said while ICC members were tasked with the duty to adjudicate sexual harassment complaints on the payroll of a company, they could be terminated from service (with 3 months' pay) without being offered any reason if a decision went against the senior management of the private workplace.
"This creates a serious conflict of interest and constraints for the ICC members from taking free, fair and impartial decisions...if they take a decision that goes against the will of the senior management, they are susceptible to victimisation and retaliation, such as unfair termination and demotion," the PIL said.
Private sector ICC members have no recourse to the principles of natural justice, nor can they challenge their dismissal (on account of decisions taken by them) in an appropriate forum, it added.
"The 'hire and fire' rule forms part of the basic tenets of the 'master-servant' relationship. In the private sector, if an employee has been terminated from their service, they have no remedy other than the right to claim three months' salary or severance...if the actions of an ICC member ruffle feathers in the upper echelons of a private company," argued the PIL.
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