Whether National commission for woman can decide complaint of sexual harassment when it is pending before Magistrate court?

 Given the current state of facts and pendency of multiple
proceedings we are called upon to consider whether the National
Commission could be justified in continuing with the proceedings
before it in the facts of the present case. Admittedly, Respondent
No.2 has filed a criminal complaint against some former employees
of the Petitioners against whom she has serious complaints. The
Metropolitan Magistrate's Court is seized of the matter and we have
no reason to doubt that the matter will be heard in accordance with
law. It is not therefore desirable that the matters pending before the
Magistrate's Court be considered by the Commission in parallel
proceedings. The Commission should not take upon itself the task
of deciding upon the merits of the complaint albeit the same being
brought to the Commission's knowledge by Respondent No.2. The commission is however not
empowered to decide the rights of parties and due care must be
taken in this behalf. If the commission proceeds to determine any
such issues there will be parallel enquiries underway which is hardly
desirable. Moreover no purpose will be served by the commission
arriving at findings or granting reliefs or issuing directions since the
commission is not a Court. The Act does not envisage enforcement of
the commission's directions.
Bombay High Court

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.146 OF 2014
 KPMG India Pvt. Ltd.

Vs.
 National Commission for Women


CORAM : V. M. KANADE &
A. K. MENON, JJ.

PRONOUNCED ON : 11th August 2014.
Citation;2015(1)ALLMR726

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Procedure to be followed National commission for woman for determining whether vishaka guidelines are followed by organization in case of sexual harassment?

However, since this point of reference may assume significance in
many other cases and we are of the view that as far as the powers

and jurisdiction of the commission are concerned, it is well within the
power of the commission to inquire into and determine whether the
Vishaka guidelines were followed by an organization. Although in the
present case the 1st respondent need not look into this aspect in
other cases where the Visakha guidelines were not formed or offered
to be formed by the employers, the commission is empowered to
consider this issue. For that matter, the Commission may entertain
individual complaints to ascertain whether Vishaka guidelines were
followed. Needless to mention such enquiries may not be conducted
ex-parte, without notice to the organisation in question. The basic
rules of natural justice must be followed if the commission finds a
prima facie case. If the commission is inclined to reject the complaint
in limine notice to the organisation need not be issued.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.146 OF 2014
KPMG India Pvt. Ltd.

Vs.
National Commission for Women

CORAM : V. M. KANADE &
A. K. MENON, JJ.

PRONOUNCED ON : 11th August 2014.
Citation;2015(1)ALLMR726

JUDGMENT (PER A. K. MENON, J.)

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