1 2025:CGHC:2669 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1896 of 2019  Nisha Baghel D/o Shri Ramavtar Baghel Aged About 28 Years Working As Asstt. Director, Office Of Labour Commissioner, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Labour Department, Mahanadi Bhawan, Atal Nagar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2. Labour Commissioner Labour Department, Indrawati Bhawan, Atal Nagar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3. Internal Complaints Committee Through Its Secretary, Icc, O/o Labour Commissioner, Indrawati Bhawan, Atal Nagar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4. Savita Mishra Deputy Labour Commissioner Cum Presiding Of Internal Complaints Committee, O/o Labour Commissioner, Indrawati Bhawan, Atal Nagar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 5. D. P. Merskole Deputy Director, O/o Labour Commissioner, Indrawati Bhawan, Atal Nagar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Anup Majumdar, Advocate For State/Respondents No. : Mr. Rajeev Bharat, Government Advocate 1 to 3 For Respondent No. 5 : Mr. Anchal Kumar Matre, Advocate For Respondent No. 4 : None though served. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 16. 01.2025 1. By way of this petition, the petitioner has sought the following relief(s):- 2 “10.1 It may be declared that respondent number 4 is disqualified from holding the post of President of the Internal Complaints Committee, office of Labour Commissioner, Raipur for the misconduct and violation of Section 4(5) of the Act of 2013. 10.2 It may be declared that respondent number 4 is not entitled and disqualified to hold the post of President of Internal complaints committee of the office of Labour commissioner Raipur and for having been disqualified under section 4(5) of the act of 2013 and the enquiry initiated by the said committee upon the complaint of the petitioner may be quashed. 10.3 That the respondent number one and may be directed take action against the President of the Internal complaints committee of the office of Labour Commissioner, Raipur and to remove them from the President of Committee, further they may be restrained to take cognizance of any complaints or enquire into the same or pending complaints. 10.4 That any other relief which this on Hon'ble court may deem fit and just in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submitted that at the relevant time, the petitioner was holding the post of Factory Inspector-cum-Assistant Director in the Office of Labour Commissioner, Raipur. He would further submit that a complaint was made by the petitioner with regard to sexual harassment by respondent No. 5. He would also submit that the matter was referred to the Internal Complaints Committee (ICC). It is contended that there are serious allegations against respondent No. 4/President of ICC with regard to bias and malice against the petitioner and competency too. It is further contended that various complaints were made before respondent No. 4 herself, but no decision has been taken. He would further argue that according to the provisions of Section 6 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the District Officer is empowered to constitute a Local Complaints Committee. It is stated that the complaint of the petitioner may be referred 3 to such committee if it is in existence or the District Officer/District Collector may be directed to constitute a “Local Complaints Committee” for the disposal of the pending complaint of the petitioner. 3. On the other hand, learned Advocates appearing for the respondents would oppose. They would submit that there are no allegations with regard to bias and malice against respondent No. 4. They would further contend that the petitioner, to settle her personal scores, has made serious allegations against respondent No. 4. They would also contend that the instant petition deserves to be dismissed. 4. Heard learned counsel for the parties and perused the documents placed on the record. 5. From a perusal of the documents, it is apparent that a complaint was made by the petitioner against respondent No. 5 with regard to sexual harassment. At the relevant time, respondent No. 4 was the President of ICC. The petitioner has made various allegations against respondent No. 4, and therefore, the order of status-quo was passed by this Court on 24.05.2019 in the present petition, and the complaint of the petitioner is still pending consideration. 6. Section 6 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 deals with the power of District Officer. According to Section 6, Every District Officer shall constitute in the district concerned, a committee to be known as the “Local Complaints Committee” to receive complaints of sexual harassment from establishments where the Internal Complaints Committee has not been constituted due to having less than ten workers or if the complaint is against the employer himself. 7. In the present case, the petitioner has made serious allegations against 4 respondent No. 4, who is the President of ICC in the Office of Labour Commissioner, Raipur; therefore, it would be apt to refer the matter to “Local Complaints Committee”. The District Officer/District Collector, Raipur is directed to refer the pending complaint of the petitioner to the “Local Complaints Committee”, if such committee is in existence or the authority concerned shall constitute a committee to enquire into the matter. 8. The entire exercise shall be completed by the District Officer/District Collector, preferably within a period of 60 days. Thereafter, the concerned committee would be free to decide the complaint on its own merits. 9. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant