Bombay High Court: Employer Cannot Create Its Own Appellate Authority Under POSH Act
Legal News | 21 August 2026
The Bombay High Court has held that an employer has no authority under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 to create its own appellate authority for challenges to Internal Committee findings.
Section 18 and Rule 11
The Court examined Section 18 of the POSH Act together with Rule 11 of the Sexual Harassment of Women at Workplace Rules, 2013. Section 18 provides a statutory right of appeal against specified recommendations and orders. Rule 11 identifies the appellate forum depending upon the service framework applicable to the employee.
The High Court held that these provisions do not confer a residual power on an employer to constitute an ad hoc or internal appellate body merely because the organisation considers such a mechanism administratively convenient.
Why the ruling matters
POSH proceedings are statutory proceedings. The Internal Committee itself exercises functions created by legislation and the appellate remedy must therefore conform to the forum prescribed by the Act, the Rules and the applicable service law. An appeal entertained by a body having no statutory jurisdiction is vulnerable to challenge irrespective of the merits of the underlying complaint.
The decision is especially important for private employers whose HR policies contain internal “appeal committees” or escalation panels. Internal grievance review may have an administrative role, but it cannot replace the statutory appellate remedy prescribed under Section 18.
Compliance takeaway for employers
Employers should review POSH policies, appointment letters and committee charters to ensure that the appellate clause accurately identifies the legally competent forum. Policies should not describe a management committee, board sub-committee or specially constituted panel as the statutory appellate authority unless the applicable law actually confers that jurisdiction.
The judgment is another reminder that POSH compliance is not satisfied merely by constituting an Internal Committee. The entire process—from complaint and inquiry to recommendations, implementation and appeal—must follow the statutory architecture.
This report summarises the Bombay High Court ruling reported on 21 August 2026. It is intended for legal information and not legal advice.