LL.B. (Three Years) Sem 3 Labour Law II 2023 Mar Question Paper with Solutions

For full marks, cover: the background (Vishaka guidelines, 1997; the Act in force from 9 December 2013); the features one by one: wide definitions of "aggrieved woman", "employee", "sexual harassment" and "workplace" (section 2(a), (f), (n), (o)); the prohibition and the five circumstances (section 3); the Internal Committee and its composition (section 4); the Local Committee (sections 5 to 7); complaint within three months (section 9); conciliation without money (section 10); inquiry in ninety days with civil court powers (section 11); interim relief (section 12); report and action in sixty days (section 13); false complaints (section 14); compensation (section 15); confidentiality (sections 16 and 17); appeal in ninety days (section 18); employer's duties (section 19); penalties (section 26); the cases (Vishaka, Medha Kotwal Lele, Aureliano Fernandes); a conclusion.

3. Sexual harassment (section 2(n)). Unwelcome physical contact and advances, a demand for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome sexual conduct.
4. Workplace (section 2(o)). Government and private offices, hospitals, sports places, any place visited in the course of work including transport given by the employer, and a dwelling house.

2. The prohibition (section 3)

No woman may be subjected to sexual harassment at any workplace. Five circumstances may amount to it. They are promises of preferential treatment, threats of detrimental treatment and threats about her job. They also include a hostile work environment and humiliating treatment affecting her health or safety.

3. The Internal Committee (section 4)

Every employer must constitute an Internal Committee by written order, at every office or unit. It has:

1. a Presiding Officer, a senior woman employee;

6. Inquiry and interim relief (sections 11 and 12)

The inquiry follows the respondent's service rules and must end within ninety days. The Committee has civil court powers to summon persons and documents (section 11). During the inquiry, it may recommend transfer of either party, or up to three months' extra leave for the woman (section 12).

7. Report and action (sections 13 to 15)

The Committee reports within ten days of the inquiry (section 13). If the charge is proved, it recommends action for misconduct and a deduction from the respondent's wages as compensation. The employer must act within sixty days. A malicious complaint may lead to action against the complainant, but mere failure to prove a complaint does not (section 14). Compensation considers her trauma, loss of career, medical costs and the respondent's means (section 15).

8. Confidentiality and appeal (sections 16 to 18)

The identities of the parties and the proceedings may not be made public, despite the Right to Information Act 2005 (section 16). Breach is penalised under the service rules (section 17). An appeal lies within ninety days (section 18).

Aureliano Fernandes v. State of Goa, decided on 12 May 2023. A Goa University employee was dismissed after an ex parte Committee inquiry held in haste. The Supreme Court set aside the High Court's judgment for breach of natural justice and sent the matter back for a fresh inquiry. It directed all authorities to verify that their Committees are properly constituted.

Where the law stands now

The Act remains in force alongside the Labour Codes. Section 29 of the Code on Wages adds dismissal on conviction for sexual harassment as a ground for losing bonus.

Conclusion. The Act's salient features are wide definitions, a clear prohibition, and Internal and Local Committees. It sets a time-bound process of complaint, conciliation and inquiry, with interim relief and compensation. It adds confidentiality, an appeal, firm duties on employers and penalties. It turned the Vishaka guidelines into law, and Medha Kotwal Lele and Aureliano Fernandes press for its full enforcement.