Case Note & Summary
The petitioners, KPMG India Pvt. Ltd. and its Company Secretary Harsh Sagar Goyal, filed a writ petition seeking to quash proceedings initiated by the National Commission for Women (NCW) based on a complaint by Respondent No.2, a former employee. Respondent No.2 joined KPMG as a Director in 2005 and was later disappointed at not being designated as a Partner. She subsequently filed a complaint with the NCW alleging sexual harassment and discrimination. The NCW issued notices to KPMG and initiated an inquiry. KPMG challenged the NCW's jurisdiction, arguing that the complaint primarily pertained to service matters (non-promotion and termination) and that the NCW had no authority to adjudicate such disputes under the National Commission for Women Act, 1990. The High Court examined the scope of Section 10 of the Act, which outlines the NCW's functions, and found that the NCW's role is limited to investigating matters affecting women generally and making recommendations, not adjudicating individual employment grievances. The court noted that the complaint's core was about non-promotion and termination, with sexual harassment allegations being incidental. The proper forum for sexual harassment complaints would be the Internal Complaints Committee under the Sexual Harassment of Women at Workplace Act, 2013, or civil courts. The court held that the NCW had acted without jurisdiction and quashed the proceedings. The petition was allowed, and the NCW was restrained from further proceedings on the complaint.
Headnote
A) National Commission for Women - Jurisdiction - Scope of Section 10 of the National Commission for Women Act, 1990 - The NCW's functions under Section 10 are limited to matters affecting women generally and do not extend to adjudicating individual service disputes or employment grievances - Held that the complaint by Respondent No.2 regarding non-promotion and termination was essentially a service matter and not within the purview of the NCW (Paras 10-15). B) Sexual Harassment - Jurisdiction - Vishaka Guidelines - The NCW cannot investigate allegations of sexual harassment in the workplace when the complaint is primarily about service conditions and the sexual harassment claim is incidental - Held that the proper forum for such complaints is the Internal Complaints Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, or the civil courts (Paras 16-20). C) Writ Jurisdiction - Certiorari - Quashing of Proceedings - The High Court can issue a writ of certiorari to quash proceedings initiated by a statutory body without jurisdiction - Held that the NCW's proceedings against KPMG were without jurisdiction and liable to be quashed (Paras 21-25).
Issue of Consideration
Whether the National Commission for Women has jurisdiction to entertain a complaint relating to service matters and employment disputes, including allegations of sexual harassment, when the complaint primarily concerns non-promotion and termination of employment.
Final Decision
The High Court allowed the petition, quashed the proceedings initiated by the NCW, and restrained the NCW from conducting any further proceedings on the complaint.
Law Points
- National Commission for Women Act
- 1990
- Section 10
- jurisdiction
- service matters
- employment disputes
- sexual harassment
- Vishaka guidelines
- writ of certiorari
