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disposed of in respect of all cases of sexual harassment at workplace, the appropriate government is bound to adhere to the mandate of the law. In case dereliction is found, then certainly the aggrieved person can make a complaint tothe appropriate authority and seek redressal against it.In view of the aforesaid, the writ petition is disposed of. Thereshall be no order as to costs. Consequently, W.M.P.No.30381 of 2017 is closed.(S.V.G., CJ.) (J.S.N.P., J.)04.04.2024Index : Yes/NoNeutral Citation : Yes/NosasiTo

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.04.2024
CORAM :
THE HON’BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.28264 of 2017
R.Karuppusamy .. Petitioner
Vs
1.The State of Tamil Nadu, rep. by its Chief Secretary,
Government of Tamil Nadu,
Fort St. George, Chennai-600 009.
2.The Commissioner,
Directorate of Social Defence, Purasawalkam High Road, Chennai-600 084.
3.The State of Tamil Nadu, rep. by its Secretary,
Labour and Employment Department,
Fort St. George, Chennai-600 009.
4.The State of Tamil Nadu, rep. by its Secretary,
Social Welfare and Nutritious Meal Programme Department, Fort St. George,
Chennai-600 009.
5.The Commissioner, Directorate of Social Welfare, Chennai.
6.The District Collector, Chennai.
7.The District Collector, Thiruvallur.
8.The District Collector, Kanchipuram.
9.The District Collector, Vellore.
10.The District Collector, Krishnagiri.
11.The District Collector, Dharmapuri.
12.The District Collector, Thiruvannamalai.
13.The District Collector, Villupuram.
14.The District Collector, Namakkal.
15.The District Collector, Salem.
16.The District Collector, Erode.
17.The District Collector, Nilgiris.
18.The District Collector, Dindugal.
19.The District Collector, Karur.
20.The District Collector, Perambalur.
21.The District Collector, Ariyalur.
22.The District Collector, Cuddalore.
23.The District Collector, Nagapattinam.
24.The District Collector, Thiruvarur.
25.The District Collector, Thanjore.
26.The District Collector, Pudukottai.
27.The District Collector, Sivagangai.
28.The District Collector, Madurai.
29.The District Collector, Theni.
30.The District Collector, Virudhunagar.
31.The District Collector, Ramanathapuram.
32.The District Collector, Thoothukudi.
33.The District Collector, Kanniyakumari.
34.The District Collector, Thirunelveli.
35.The District Collector, Thirupur.
36.The District Collector, Coimbatore.
37.The District Collector, Trichy.
38.The Commissioner of Labour, Labour Commissionerate,
DMS Complex, Teynampet, Chennai-600 006. .. Respondents
[Respondent Nos.5 to 37 impleaded vide order dated 6.11.2017]
[Respondent No.38 impleaded vide order dated
21.8.2023]
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to issue suitable directions to the District Officers to ensure constitution and functioning of the Internal Complaint Committee in all the Mills, Factories and other workplaces in all the districts and the constitution of Local Complaints Committee in every District in accordance with Sections 4 and 6 respectively of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and further direct the respondents to register and monitor the Hostels run for girls and working women in accordance with the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014.
For the Petitioner : Ms.P.Selvi
For the Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.T.K.Saravanan
Government Advocate
ORDER
(Order of the court was made by the Hon’ble Chief Justice)
Heard Ms.P.Selvi, learned counsel for the petitioner; and, Mr.A.Edwin Prabakar, learned State Government Pleader, assisted by Mr.T.K.Saravanan, learned Government Advocate for the
respondents.

  1. The present petition is filed seeking directions to ensure constitution and functioning of the Internal Complaint Committee in all the Mills, Factories and other workplaces in all the districts and the constitution of Local Complaints Committee in every District in accordance with Sections 4 and 6 respectively of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
    Redressal) Act, 2013 and further direct the respondents to register and monitor the hostels run for girls and working women in accordance with the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014.
  2. On the last date, we had recorded the statement of the learned Government Advocate that the Local Complaint Committee is
    functioning under the control of District Officers in all the districts as
    per the Act of 2013 and are receiving complaints from the establishment where Internal Complaint Committee could not be
    constituted on the grounds that the number of workers is less than ten
    and the complaint is against the employer himself.
  3. Learned counsel for the petitioner accepts that the Committee is constituted under Section 6 of the Act of 2013. However, the apprehension expressed by learned counsel for the petitioner is that the respondent authorities may not monitor the implementation of the Act of 2013 in a proper manner.
  4. When Section 23 of the Act of 2013 mandates the appropriate government to monitor the implementation of the Act and maintain data on the number of cases filed and disposed of in respect of all cases of sexual harassment at workplace, the appropriate government is bound to adhere to the mandate of the law. In case dereliction is found, then certainly the aggrieved person can make a complaint to
    the appropriate authority and seek redressal against it.
    In view of the aforesaid, the writ petition is disposed of. There
    shall be no order as to costs. Consequently, W.M.P.No.30381 of 2017 is closed.
    (S.V.G., CJ.) (J.S.N.P., J.)
    04.04.2024
    Index : Yes/No
    Neutral Citation : Yes/No
    sasi
    To
    1.The Chief Secretary,
    State of Tamil Nadu,
    Government of Tamil Nadu,
    Fort St. George, Chennai-600 009.
    2.The Commissioner,
    Directorate of Social Defence,
    Purasawalkam High Road, Chennai-600 084.
    3.The Secretary,
    State of Tamil Nadu,
    Labour and Employment Department, Fort St. George, Chennai-600 009.
    4.The Secretary,
    State of Tamil Nadu,
    Social Welfare and Nutritious Meal Programme Department, Fort St. George, Chennai-600 009.
    5.The Commissioner, Directorate of Social Welfare, Chennai.
    6.The District Collector, Chennai.
    7.The District Collector, Thiruvallur.
    8.The District Collector, Kanchipuram.
    9.The District Collector, Vellore.
    10.The District Collector, Krishnagiri.
    11.The District Collector, Dharmapuri.
    12.The District Collector, Thiruvannamalai.
    13.The District Collector, Villupuram.
    14.The District Collector, Namakkal.
    15.The District Collector, Salem.
    16.The District Collector, Erode.
    17.The District Collector, Nilgiris.
    18.The District Collector, Dindugal.
    19.The District Collector, Karur.
    20.The District Collector, Perambalur.
    21.The District Collector, Ariyalur.
    22.The District Collector, Cuddalore.
    23.The District Collector, Nagapattinam.
    24.The District Collector, Thiruvarur.
    25.The District Collector, Thanjore.
    26.The District Collector, Pudukottai.
    27.The District Collector, Sivagangai.
    28.The District Collector, Madurai.
    29.The District Collector, Theni.
    30.The District Collector, Virudhunagar.
    31.The District Collector, Ramanathapuram.
    32.The District Collector, Thoothukudi.
    33.The District Collector, Kanniyakumari.
    34.The District Collector, Thirunelveli.
    35.The District Collector, Thirupur.
    36.The District Collector, Coimbatore.
    37.The District Collector, Trichy.
    38.The Commissioner of Labour, Labour Commissionerate, DMS Complex, Teynampet, Chennai-600 006.

THE HON’BLE CHIEF JUSTICE
AND J.SATHYA NARAYANA PRASAD,J.
(sasi)

W.P.No.28264 of 2017

04.04.2024
of 10

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