Kerala HC Clarifies Definition of “Employer” under POSH Act

Judgment dated 19.5.2026 of the Division Bench of the Kerala High Court in WA No.534 of 2026 of Prof. Dr. J. Sundaresan Pillai  Vs. Dr. K.K>Seethalakshmi and others

Kerala HC Clarifies Definition of “Employer” under POSH Act

ICC Jurisdiction against Director of IRTC in POSH complaint

The appellant – retired Senior Principal Scientist of CSIR was associated as Director of Integrated Technology Centre.

The respondent no.1 Presiding Officer of ICC directed the appellant before it.  However, the appellant contended that a complaint against an employer falling in the said definition under Section 2(g)(ii), will lie only before the Local Committee under Section 6(1) of the PoSH Act.

If the complaint is against the employer himself or an ICC is not constituted, then the said complaint has to be enquired into by the LC. Though the appellant contends that he will fall under the definition of employer under Section 2(g) of the PoSH Act, a combined reading of Clauses 7, 18 and 23.2 of Ext.R3(a) Memorandum of Association of IRTC would make it clear that the control, administration and management of the affairs of IRTC is vested with the general body and the executive committee and not with the Director.