PROF. (DR.) J. SUNDARESAN PILLAI vs DR. K.K. SEETHALAKSHMI
- Court
- Kerala High Court
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WA No.534 of 2026
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
TH
TUESDAY, THE 19 DAY OF MAY 2026 / 29TH VAISAKHA, 1948
WA NO. 534 OF 2026
AGAINST THE JUDGMENT DATED 06.01.2026 IN WP(C) NO.7354 OF
2025 OF THE HIGH COURT OF KERALA
APPELLANT/PETITIONER:
PROF. (DR.) J. SUNDARESAN PILLAI
AGED 65 YEARS, S/O. GOPALA PILLAI, RESIDING ROOM NO.
103, GUST HOUSE OF INTEGRATED RURAL TECHNOLOGY CENTRE
MUNDUR P.O., PALAKKAD, KERALA, PIN - 678592
BY ADVS.
SRI.C.V.MANUVILSAN
SRI.O.A.ANJU
SMT.ALANA MOHAMMED ALI CHOLASSERY
RESPONDENTS/RESPONDENTS:
1 DR. K.K. SEETHALAKSHMI
PRESIDING OFFICER, INTERNAL COMPLAINTS COMMITTEE
(ICC), INTEGRATED RURAL TECHNOLOGY CENTRE (IRTC),
MUNDUR P.O., PALAKKAD, KERALA, PIN - 678592
2 THE GOVERNING BODY OF IRTC
REPRESENTED BY ITS CHAIRMAN, INTEGRATED RURAL
TECHNOLOGY CENTRE (IRTC), MUNDUR P.O., PALAKKAD,
KERALA, PIN - 678592
3 THE EXECUTIVE COMMITTEE OF IRTC
REPRESENTED BY ITS REGISTRAR, INTEGRATED RURAL
TECHNOLOGY CENTRE (IRTC), MUNDUR P.O., PALAKKAD,
KERALA, PIN - 678592
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4 THE DISTRICT COLLECTOR
CIVIL STATION, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD,
KERALA, PIN - 678001
5 THE DISTRICT WOMEN AND CHILD DEVELOPMENT OFFICER
CIVIL STATION, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD,
KERALA, PIN - 678001
6 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
SHRI.THOMAS ABRAHAM
SMT.MERCIAMMA MATHEW
SRI.ASWIN.P.JOHN
SHRI.R.ANANTHAPADMANABAN
SHRI.PAUL BABY
SMT.SWATHY A.P.
SMT.THARA ELIZABETH THOMAS
SMT.FOUSIYA R
SMT.NISHA BOSE, SENIOR GOVERNMENT PLEADER
THIS WRIT APPEAL WAS FINALLY HEARD ON 23.3.2026, THE COURT
ON 19.05.2026 PASSED THE FOLLOWING:
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JUDGMENT “CR”
Muralee Krishna, J.
The appellant, who is the petitioner in W.P.(C)No.7354 of
2025, filed this writ appeal under Section 5(i) of the Kerala High
Court Act, 1958, challenging the judgment dated 06.01.2026
passed by the learned Single Judge in that writ petition.
2. The appellant, a retired Senior Principal Scientist of
CSIR, New Delhi, has been associated with the Integrated Rural
Technology Centre (‘IRTC’ in short) as its Director. On 27.11.2024,
a woman employee lodged a complaint alleging sexual harassment
st
against the appellant. The 1 respondent, acting as the Presiding
Officer of the Internal Complaints Committee (‘ICC’ in short),
issued Ext.P1 notice dated 03.02.2025, directing the appellant to
appear before ICC on 22.02.2025. Contending that by virtue of
the definition of employer/Head of Institution under Section 2(g)
of the Sexual Harassment of Woman At Workplace (Prevention,
Prohibition and Redressal) Act, 2013 (‘PoSH Act’ for short), a
complaint against the employer will lie only before the Local
Committee (‘LC’ for short) under Section 6(1) of the PoSH Act, the
th
appellant approached the 4 respondent District Collector by filing
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Ext.P5 representation dated 15.01.2025. By Ext.P6 order dated
th
21.01.2025, the 4 respondent forwarded the appellant’s
th
representation to the 5 respondent District Women and Child
Development Officer, directing that appropriate action be taken
after considering the complaint and the appellant's objection.
During the pendency of Ext.P5 representation submitted by the
appellant before the District Collector and Ext.P6 direction issued
st
by him, the 1 respondent proceeded to issue Ext.P1 notice to the
appellant. Claiming that the complaint lodged by the lady staff is
solely with an intention to harass the appellant and there is glaring
st
conflict of interest between the appellant and the 1 respondent,
who is in-charge of ICC, which according to the appellant was due
st
to his act of withholding of salary of the 1 respondent and also
raising some allegations of personal grudge, against the lady who
had filed complaint against the appellant, in connection with a
strike allegedly conducted on 26.11.2024 while the conference
meeting of the appellant and 14 other Scientists was going on, the
appellant filed the writ petition under Article 226 of the
Constitution of India seeking the following reliefs;
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“(i) Issue a Writ of Certiorari quashing EXHIBIT P1
Summons issued by Respondent No. 1 directing the
Petitioner to appear before her on 22.02.2025 as being
illegal, void, and without jurisdiction.
(ii) Issue a Writ of Mandamus directing the District Collector
and the District Women and Child Development Officer
(Respondents 4 & 5) to take necessary action and ensure
that the inquiry, if any, is conducted in accordance with law
and by an impartial and competent body.
(iii) Declare that the actions of Respondent No. 1 and the
continued inaction of Respondents 2 & 3 (Governing Body
and Executive Committee of IRTC) are ultra vires, arbitrary,
and unconstitutional”.
3. In the writ petition, respondents 1 to 3 filed a counter
affidavit dated 23.05.2025 opposing the reliefs sought for and
producing therewith Exts.R3 (a) document. To that counter
affidavit, the appellant filed a reply affidavit dated 16.06.2025.
Along with I.A.No.2 of 2025, the appellant produced Ext.P7
th
document in the writ petition. The 5 respondent filed a counter
affidavit dated 03.07.2025 opposing the reliefs sought for. The
respondents 1 to 3 again filed an additional counter affidavit dated
20.08.2025 producing therewith Exts.R3(b) to R3(i) documents.
Along with I.A.No.7 of 2025, the appellant produced Exts.P7(a) to
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P7(d) and P8 documents in the writ petition. Thereafter, along with
I.A.No.8 of 2025, the appellant produced Exts.P9 to P17
documents.
4. After hearing both sides and on appreciation of
materials placed on record, the learned Single Judge dismissed
the writ petition by the impugned judgment dated 06.01.2026.
Being aggrieved, the appellant has filed the present writ appeal.
5. Heard Sri.Hariraj. M.R, the learned Senior Counsel for
the appellant, Sri.Thomas Abraham, the learned Counsel for
respondents 1 to 3 - IRTC and Smt.Nisha Bose, the learned Senior
Government Pleader for respondents 4 to 6.
6. The learned Senior Counsel for the appellant would
submit that the appellant will fall under the definition of employer
under Section 2(g)(ii) of the PoSH Act and therefore by virtue of
Section 6(1) of the said Act, the complaint of sexual harassment
made by a woman employee shall be placed before the LC. By
pointing out the duties of the Director in Clause 23.2.2 of
Ext.R3(a) Memorandum of Association and Rules and Regulations
of the Society for IRTC, the learned Senior Counsel vehemently
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submitted that since the overall management of the affairs of the
IRTC is vested with the Director, the appellant is the employer
and not an employee. According to the learned Senior Counsel,
the learned Single Judge failed to consider this aspect while
dismissing the writ petition.
7. On the other hand, the learned counsel for respondents
1 to 3 would submit that the complaint submitted by the appellant
before the District Collector who is the District Officer notified
under Section 5 of the PoSH Act was forwarded to the Presiding
Officer of ICC stating that the LC has no jurisdiction to enquire the
complaints filed before the ICC or to give direction to the ICC. By
pointing out Clauses 7 and 18 of Ext.R3(a) Memorandum of
Association of IRTC, the learned counsel argued that it is the
general body and executive committee that have the control,
administration and management of the affairs of IRTC and
therefore the Director can only be termed as an employee of the
IRTC. According to the learned counsel, the ICC has the authority
to enquire about the allegations and not the LC.
8. The learned Senior Government Pleader also supported
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the arguments of the learned counsel for respondents 1 to 3 and
submitted that the appellant, being a Director, has the status of
an employee. It is also the argument of the learned Senior
Government Pleader that the ICC has issued only a show cause
notice to the appellant, and he can raise all the contentions,
including the jurisdiction of the ICC after entering appearance
before the said Committee.
9. The issue arises for consideration in this appeal is
whether the learned Single Judge erred in holding that ICC cannot
be found to be without jurisdiction to enquire about the allegation
of sexual harassment raised against the appellant by a woman
employee of IRTC and whether it is the LC that has the authority
to receive complaints regarding sexual harassment in the present
case, since the appellant is the Director of IRTC?
10. The answer to the above issue lies on the decision as to
whether the Director of IRTC will fall under the definition of
employee under Section 2(f) or employer under Section 2(g) of
the PoSH Act. In order to answer this issue, it is necessary to
extract the relevant provisions such as Sections 2(f), 2(g), 4, 6
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and 9 under the PoSH Act and also the relevant Clauses in
Ext.R3(a) Memorandum of Association of IRTC.
11. Section 2(f) of the PoSH Act defines ‘employee’ as
under;
“2. Definitions
xxxxxx
(f) “employee” means a person employed at a workplace for
any work on regular, temporary, ad hoc or daily wage basis,
either directly or through an agent, including a contractor,
with or, without the knowledge of the principal employer,
whether for remuneration or not, or working on a voluntary
basis or otherwise, whether the terms of employment are
express or implied and includes a co-worker, a contract
worker, probationer, trainee, apprentice or called by any
other such name;
12. Section 2(g) of the PoSH Act defines ‘employer’ as
under;
“2. Definitions
xxxxxx
(g) "employer" means –
(i) in relation to any department, organisation, undertaking,
establishment, enterprise, institution, office, branch or unit
of the appropriate Government or a local authority, the head
of that department, organisation, undertaking,
establishment, enterprise, institution, office, branch or unit
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or such other officer as the appropriate Government or the
local authority, as the case may be, may by an order specify
in this behalf;
(ii) in any workplace not covered under sub-clause (i),
any person responsible for the management,
supervision and control of the workplace.
Explanation: For the purposes of this sub-clause
"management" includes the person or board or
committee responsible for formulation and
administration of polices for such organisation;
(iii) in relation to workplace covered under sub-
clauses (i) and (ii), the person discharging contractual
obligations with respect to his or her employees;
(iv) in relation to a dwelling place or house, a person
or a household who employs or benefits from the
employment of domestic worker, irrespective of the
number, time period or type of such worker employed,
or the nature of the employment or activities
performed by the domestic worker;
13. Section 4 of the PoSH Act deals with the constitution of
ICC, which reads thus;
“4. Constitution of Internal Complaints Committee
(1) Every employer of a workplace shall, by an order in
writing, constitute a Committee to be known as the "Internal
Complaints Committee":
Provided that where the offices or administrative units of the
workplace are located at different places or divisional or
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sub-divisional level, the Internal Committee shall be
constituted at all administrative units or offices.
(2) The Internal Committee shall consist of the following
members to be nominated by the employer, namely:-
(a) a Presiding Officer who shall be a woman employed at a
senior level at workplace from amongst the employees:
Provided that in case a senior level woman employee is not
available, the Presiding Officer shall be nominated from
other offices or administrative units of the workplace
referred to in sub-section (1):
Provided further that in case the other offices or
administrative units of the workplace do not have a senior
level woman employee, the Presiding Officer shall be
nominated from any other workplace of the same employer
or other department or organisation;
(b) not less than two Members from amongst employees
preferably committed to the cause of women or who have
had experience in social work or have legal knowledge;
(c) one member from amongst non-governmental
organisations or associations committed to the cause of
women or a person familiar with the issues relating to sexual
harassment:
Provided that at least one-half of the total Members so
nominated shall be women.
(3) The Presiding Officer and every Member of the Internal
Committee shall hold officе for such period, not exceeding
three years, from the date of their nomination as may be
specified by the employer.
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(4) The Member appointed from amongst the non-
governmental organisations or associations shall be paid
such fees or allowances for holding the proceedings of the
Internal Committee, by the employer. as may be prescribed.
(5) Where the Presiding Officer or any Member of the
Internal Committee,-
(a) contravenes the provisions of section 16; or
(b) has been convicted for an offence or an inquiry into an
offence under any law for the time being in force is pending
against him; or
(c) he has been found guilty in any disciplinary proceedings
or a disciplinary proceeding is pending against him; or
(d) has so abused his position as to render his continuance
in office prejudicial to the public interest,
such Presiding Officer or Member, as the case may be, shall
be removed from the Committee and the vacancy so created
or any casual vacancy shall be filled by fresh nomination in
accordance with the provisions of this section”.
14. Section 6 of the PoSH Act deals with the constitution and
jurisdiction of the Local Committee, which reads thus;
“6. Constitution and jurisdiction of Local Committee.
(1) Every District Officer shall constitute in the district
concerned, a committee to be known as the "Local
Committee" to receive complaints of sexual harassment
from establishments where the Internal Committee has not
been constituted due to having less than ten workers or if
the complaint is against the employer himself.
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(2) The District Officer shall designate one nodal officer in
every block, taluka and tehsil in rural or tribal area and ward
or municipality in the urban area, to receive complaints and
forward the same to the concerned Local Complaints
Committee within a period of seven days.
(3) The jurisdiction of the Local Committee shall extend to
the areas of the district where it is constituted”.
(underline supplied)
15. Section 9 of the PoSH Act deals with complaint of sexual
harassment, which reads thus;
9. Complaint of sexual harassment
“
(1) Any aggrieved woman may make, in writing, a complaint
of sexual harassment at workplace to the Internal
Committee if so constituted, or the Local Committee, in case
it is not so constituted, within a period of three months from
the date of incident and in case of a series of incidents,
within a period of three months from the date of last
incident:
Provided that where such complaint cannot be made in
writing, the Presiding Officer or any Member of the Internal
Committee or the Chairperson or any Member of the Local
Committee, as the case may be, shall render all reasonable
assistance to the woman for making the complaint in
writing:
Provided further that the Internal Committee or, as the case
may be, the Local Committee may, for the reasons to be
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recorded in writing, extend the time limit not exceeding
three months, if it is satisfied that the circumstances were
such which prevented the woman from filing a complaint
within the said period.
(2) Where the aggrieved woman is unable to make a
complaint on account of her physical or mental incapacity or
death or otherwise, her legal heir or such other person as
may be prescribed may make a complaint under this
section”. (underline supplied)
16. While coming to the relevant Clauses in Ext.R3(a)
Memorandum of Association of IRTC, Clauses 7, 18 and 23.2 are
relevant, which read thus;
“7. General Body
7.1 The control, administration and management of the
affairs of the Society shall vest in a General Body and the
membership shall be distributed in the following manner.
7.1.1 The Director and the Registrar of Integrated Rural
Technology Centre, Executive Director and Secretary of
Parishad Production Centre and Secretary of lRTC Project
Implementation Unit from time to time.
7.1.2 The members of the Executive Committee of KSSP
from time to time.
7.1.3 Not more than ten members from among people's
science Activities nominated by the Executive Committee of
KSSP from time to time.
7.1.4 Not more than ten members from among scientists
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and academicians from Educational Institutions, Research
Centres, government agencies and such other organisations
nominated by the Executive Committee of KSSP from time
to time.
7.1.5 The chairperson of the General Body of Integrated
Rural Technology Centre shall be the President of KSSP.
7.1.6 The duration of membership shall be for a period of
one year unless a member resigns his/her membership or is
removed from membership.
7.1.7 The General Body shall function not withstanding any
vacancy in the General Body or defect in the appointment
or nomination of any of its members and no act or
proceedings of the General Body shall be invalidated,
nullified or called in question merely by reason of the
existence of any vacancy in the General Body or by the
reason of any deficiency in the appointment or nomination
of any of its members.
7.1.8 Subject to the provisions of the Societies Registration
Act 12 of 1955, the General Body shall be the ultimate
authority for the conduct of the affairs of the Society.
xxxxx
18. Powers, Rights and Duties of the Executive Committee-
Subject to the provisions of these rules and regulations, the
Executive Committee shall have the following powers and
duties and shall perform the following functions.
18.1 The Executive committee shall be responsible to the
General Body of the efficient running of the affairs of the
society.
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18.2 The Executive committee shall execute all powers of
the General Body subject to the ratification of the General
Body.
18.3 To create within the budget allotment any post and to
appoint from time to time such employees on such terms
and conditions as it may deem fit for carrying out the
management and affairs of the Society.
18.4 To exercise control and discipline over the employees
of the society.
18.5 To propose bye-laws including amendments, for any of
the matters for which they may be made for consideration
and adoption by the General Body.
18.6 To purchase articles and materials as may be needed
for the society and its work, within the budget provisions
approved by the General Body.
18.7 To maintain proper books and accounts supported by
vouchers.
18.8 To arrange for the audit by the Auditors appointed by
the General Body, of the accounts of the Society annually.
18.9 To present every year to the General Body an annual
report on the working of the Society and audited statements
and accounts for consideration of the General Body.
18.10 To frame recruitment rules and terms and conditions
of the service of the employees.
18.11 To do all such other legal acts as may be appropriate
and necessary for the achievements of any or all of the
objectives of the Society including to incur any extra
ordinary expenditure subject to ratification of the General
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Body.
xxxxx
23.2 Director
23.2.1 He/She shall be appointed by Executive Committee
of the society.
23.2.2 He/She shall be the Chief Executive Officer of the
IRTC and in overall management of the affairs of the IRTC
subject to the control and supervision of the Executive
Committee and the General Body.
23.2.3 He/ She shall have the power to take decisions
regarding urgent and important matters subject to
ratification by the Executive Committee.
23.2.4 He/ She shall be responsible for co-ordination with
other societies and institutions of the same nature and do
his/her best to enable the Society to achieve its aims and
objectives.
23.2.5 He/ She shall be responsible for seeing that proposal
for research projects, in accordance with the objectives of
the Society are prepared and submitted to appropriate
funding agencies.
23.2.6 He/ She shall be responsible for selection of suitable
manpower for running of these projects and for fixing their
remuneration in accordance with the manpower plan and
recruitment rules of the Society and such guidelines issued
by the Executive Committee from time to time.
23.2.7 He/ She shall prepare the Annual Balance Sheet and
Statement of Accounts, get them audited and afterwards
present them at General Body Meeting for approval.
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23.2.8 He/ She shall be responsible for the financial
management of the Society in and shall constitute purchase
committees for the purpose in accordance with the purchase
manual of the Society.
23.2.9 He/ She shall be authorized to disciplinary action
against employees indulging in serious misbehavior,
misconduct or acting intentionally against the interests of
Society in accordance with the conduct of rules of the
Society.
23.2.10 He/she shall place before every General Body
Meeting and every Executive Committee Meeting a report
on the working of the Society and shall present the Annual
Report to the Annual General Body Meeting.
23.2.11 He/ She shall be responsible for management of
staff and shall give them appropriate instructions.”
(Underline supplied)
17. During the course of arguments, the learned counsel for
respondents 1 to 3 pointed out that Ext.R3(d) is the order by which
the ICC was constituted in IRTC. Consequent to the same,
Ext.R3(e) office order dated 16.10.2024 was issued by the
Registrar of IRTC constituting the ICC. In order to overcome the
constitution of ICC by Ext.R3(e) order, the appellant issued
Ext.R3(f) order dated 14.05.2024 stating that the ICC constituted
by the Registrar on 16.10.2024 is dissolved. From the date of
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Ext.R3(f) itself, it is clear that the said document is a creature of
the appellant.
18. The combined reading of Sections 4, 6 and 9 of the
PoSH Act would make it clear that if a complaint of sexual
harassment is raised by an employee in the workplace from the
hands of another employee, then the matter has to be enquired
into by the ICC. 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. The overall management of the affairs
of IRTC mentioned in Clause 23.2.2 by the Director is subject to
the control and supervision of the executive committee and the
general body. Clause 23.2.1 makes it clear that the Director is
also appointed by the executive committee of IRTC. In such
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circumstances, the appellant can only be treated as an employee
in IRTC, and therefore, the ICC constituted has the authority to
receive and enquire about the complaint raised against the
appellant. Though, as per Ext.R3(e) order dated 16.10.2024, the
complainant against the appellant is also a member of the ICC of
IRTC, the learned counsel for IRTC submitted that she will not be
part of the ICC while taking the decision in the complaint in
question.
Having considered the pleadings and materials on record and
the submissions made at the Bar, we find no ground to hold the
impugned judgment of the learned Single Judge as perverse or
patently illegal, which warrants interference by exercising
appellate jurisdiction.
In the result, the writ appeal stands dismissed.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
sks MURALEE KRISHNA S., JUDGE