Delhi disputes boutique · 14 lawyers · 6 years
A junior associate filed a POSH complaint regarding conduct by a senior. The firm scrambled to constitute an ICC — and discovered the existing "committee" had only three members instead of the statutory minimum, no external member with NGO/women-rights background, and no documented complaint procedure. The complainant's counsel pointed out the non-compliance. The firm was simultaneously dealing with the underlying allegation, a procedural defect in its own ICC, and a panel inquiry by the Labour Commissioner.
The firm had crossed the 10-employee threshold three years prior and never updated its compliance posture. The ICC had been formed on paper as a tick-box exercise, never refreshed, never trained, and never tested. POSH Act Section 4 and Section 26 are clear: 10+ employees triggers mandatory ICC with prescribed composition. Non-compliance: fine up to ₹50,000 first offence, ₹1 lakh in some states, repeat offence doubles plus licence cancellation risk.