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Labour litigation issue map

POSH inquiry, institutional duty and natural justice

Constitution, independence, notice, hearing, confidentiality and reasoned findings all matter.

Decision path

1
Fix the legal period and forum.
Identify the Act/Code, transition, appropriate Government and territorial jurisdiction.
2
Freeze the evidence.
Preserve appointment, payroll, notices, orders, portal acknowledgements and witness material.
3
Read the controlling cases.
Extract the ratio, paragraph locator, relief, later treatment and factual limits.

Source-closed Supreme Court records

Vishaka v State of Rajasthan
The Supreme Court framed binding workplace safeguards to protect equality, dignity and the right to work until legislation occupied the field.
Apparel Export Promotion Council v A.K. Chopra
The Court upheld the disciplinary approach and emphasised that sexual harassment must be assessed through dignity, unwelcome conduct and workplace impact rather than an artificially narrow physical-contact test.
Medha Kotwal Lele v Union of India
The Court reinforced implementation duties and required complaint committees to function as effective inquiry mechanisms rather than symbolic bodies.
Aureliano Fernandes v State of Goa
The Court stressed faithful POSH implementation, properly constituted committees, trained members and observance of natural justice in proceedings that may have serious service consequences.
Union of India v Dilip Paul
The Court examined disciplinary findings through the governing standard of proof, record-based review and the limits of judicial interference, while preserving procedural fairness.
Additional District and Sessions Judge X v Registrar General, High Court of Madhya Pradesh
The Court examined the need for an unbiased, credible process and safeguards capable of addressing institutional power and conflict concerns.

Finin2min checklist

Official starting points: Supreme Court of India · India Code · CGIT-cum-Labour Courts