Employment Law

Principal Employer Not Liable for Contract Workers’ Gratuity: Supreme Court Explains the Law

Supreme Court Clarifies Who Must Pay Gratuity to Contract Workers

The Supreme Court has delivered an important ruling on the liability of a principal employer to pay gratuity to workers engaged through an independent contractor.

The issue arose in M/s Oil and Natural Gas Corporation Ltd. v. Suryakand D. Lad & Ors., decided in September 2026.

The case addresses a practical question that frequently arises in industries that rely heavily on contract labour:

If a contractor fails to pay gratuity to its workers, can those workers recover gratuity directly from the principal employer where they were deployed?

The Supreme Court held that the answer is not automatically yes.

Merely because a worker performs duties at the premises of a principal employer does not by itself make that principal employer liable for gratuity. The existence of an employer-employee relationship remains crucial.

The Court also clarified an equally important jurisdictional point: the Controlling Authority under the Payment of Gratuity Act cannot use gratuity proceedings to determine who the real employer is and then impose liability upon a principal employer where that liability itself is disputed.

The Authority certainly has statutory powers to decide disputes concerning gratuity. Section 7(4) of the Payment of Gratuity Act permits it to examine disputes regarding the amount payable, admissibility of a gratuity claim, and the person entitled to receive it. However, the Supreme Court drew a distinction between deciding such gratuity-related questions and adjudicating a foundational dispute over whether a separate entity was legally the employer in the first place. Labour

The ruling is therefore significant for three groups:

• employees engaged through contractors;
• contractors supplying manpower or services; and
• companies operating as principal employers.

Importantly, the judgment should not be understood to mean that contract workers have no right to gratuity.

The real issue is different:

Who is legally responsible for paying that gratuity?

That distinction lies at the heart of the judgment.

The Case: ONGC v. Suryakand D. Lad & Others

The dispute arose from workers who had been deployed at establishments of Oil and Natural Gas Corporation Ltd. (ONGC) through independent contractors.

ONGC had entered into contractual arrangements under which contractors were responsible for executing specified work and engaging the labour required for that purpose.

The workers did not dispute that they had rendered services at ONGC establishments.

The controversy arose when gratuity became payable and the workers sought payment from ONGC.

Their position effectively required ONGC to be treated as responsible for the gratuity liability despite the fact that they had originally been engaged through contractors.

ONGC disputed this.

Its central argument was simple:

The workers were employees of the contractor, not employees of ONGC.

ONGC therefore maintained that there was no direct employer-employee relationship between itself and the contractual workers and that liability under gratuity law could not simply be transferred from the contractor to the principal employer.

This distinction is particularly important in industries where outsourcing is common.

For example, a manufacturing company may appoint:

• a security agency;
• a housekeeping contractor;
• an electrical maintenance company;
• a material-handling contractor; or
• a facility-management service provider.

The workers may perform their duties every day inside the principal company’s factory.

They may even work there for years.

But that fact alone does not necessarily establish that they are employees of the factory owner.

The legal relationship depends on the actual arrangement between the worker, contractor and principal employer.

That is what the Supreme Court was ultimately required to examine in the ONGC dispute.

How Did the Contract Workers’ Gratuity Claim Arise?

The workers involved in the dispute had rendered services at ONGC establishments for considerable periods.

However, their engagement had taken place through contractors rather than by direct appointment by ONGC.

When their services came to an end, claims for gratuity were made under the Payment of Gratuity Act, 1972.

Gratuity is a statutory terminal benefit ordinarily payable upon termination of employment in circumstances covered by the legislation, subject to the eligibility conditions prescribed by law.

The Payment of Gratuity Act historically provided the statutory framework governing gratuity claims, including the mechanism for approaching the designated Controlling Authority when disputes arise.

Section 7 of the Act, for example, contemplated disputes concerning:

• the amount of gratuity payable;
• whether a gratuity claim was admissible; and
• the person entitled to receive the gratuity.

The employer is required to deposit the amount it admits to be payable, and the Controlling Authority may conduct an inquiry and determine matters falling within the statutory dispute mechanism. Labour

The difficulty in the ONGC case, however, was more fundamental.

The workers were not merely saying:

“We are employees and the employer has calculated our gratuity incorrectly.”

Instead, the proceedings effectively required an authority to answer another question first:

Was ONGC itself legally the employer responsible for paying the gratuity?

ONGC said it was not.

According to ONGC, the workers:

• had been engaged by independent contractors;
• were paid through those contractors;
• had no direct contract of employment with ONGC; and
• could not automatically convert ONGC into their employer merely because they worked at ONGC premises.

This distinction between an actual employer and a principal employer became the foundation of the litigation.

Why the Contract Between ONGC and the Contractor Became Important

A significant feature of the dispute was the contractual arrangement under which the workers had been supplied.

ONGC relied on the terms of its agreement with the contractor to argue that the relationship was expressly structured as an independent contract rather than direct employment.

Such contractual terms commonly specify that:

• the contractor is responsible for recruiting workers;
• salaries and statutory employment payments remain the contractor’s responsibility;
• workers remain employees of the contractor;
• the principal employer does not directly employ them; and
• the contractor remains responsible for compliance with labour laws.

For ONGC, these provisions supported its case that the workers could not simply treat the corporation as their employer for gratuity purposes.

However, the legal importance of such clauses has to be understood carefully.

A contractual declaration stating that no employer-employee relationship exists is relevant evidence, but it is not necessarily conclusive in every labour-law dispute.

Courts may examine the real substance of the arrangement.

For instance, if a supposed contractor merely exists on paper while the principal employer actually recruits the workers, controls their employment, exercises disciplinary powers and effectively treats them as its own staff, a court may examine whether the contractual structure is a sham or camouflage.

The ONGC case therefore involved an important distinction:

Was there a genuine independent contractor relationship, or was ONGC in substance the workers’ real employer?

The Supreme Court proceeded on the basis that the contractual arrangement in the case did not establish a direct employer-employee relationship between ONGC and the workers.

That finding became critical to the final decision.

The Controlling Authority Holds ONGC Liable

The first major stage in the litigation occurred before the Controlling Authority under the Payment of Gratuity Act.

The workers sought gratuity, and ONGC disputed its liability.

Despite ONGC’s objection, the Controlling Authority ultimately directed ONGC to pay gratuity.

This was significant because the Authority had effectively done more than simply calculate a gratuity amount.

It had determined that ONGC was the entity legally responsible for payment.

That distinction became central to ONGC’s challenge.

What is a Controlling Authority?

Under the Payment of Gratuity Act, the appropriate government appoints authorities to administer and adjudicate gratuity claims.

Section 7(4) historically empowered the Controlling Authority to determine disputes relating to:

• the amount of gratuity;
• admissibility of the claim; or
• the person entitled to receive payment.

The Authority could conduct an inquiry, hear the parties, examine evidence and direct the employer to pay any amount found due. Labour

The Supreme Court dispute raised an important question about the limits of that jurisdiction.

Suppose everyone agrees that Company A is the employer but disagrees about whether the worker has completed sufficient service.

That is plainly a gratuity dispute.

But suppose the worker says:

“Company A is my employer.”

and Company A responds:

“No. Company B employed you. I merely engaged Company B as my contractor.”

That creates a deeper employment-status dispute.

ONGC argued that the Controlling Authority could not convert such proceedings into a broad adjudication over the identity of the employer and then impose liability upon a third-party principal employer.

According to ONGC, the Authority had therefore exceeded its statutory powers.

The litigation then moved to the next stage.

Appellate Authority Reverses the Controlling Authority

ONGC challenged the Controlling Authority’s order before the statutory Appellate Authority.

The Appellate Authority accepted ONGC’s challenge and reversed the earlier decision.

Its reasoning effectively restored the legal distinction between:

the contractor who directly employed the workers

and

ONGC as the principal employer where those workers happened to perform their duties.

This was an important development because it recognised that principal-employer status under one labour statute does not automatically make that entity the direct employer for every employment benefit.

The problem is particularly important because Indian labour law does sometimes impose specific obligations upon principal employers.

For example, legislation dealing with contract labour may impose certain residual responsibilities upon a principal employer where a contractor defaults in performing specified statutory obligations.

Similarly, other labour statutes may expressly impose liability upon a principal even where the worker was directly employed by a contractor.

But such liability normally arises because the legislation expressly creates it.

It cannot simply be assumed.

That distinction is illustrated by other employment legislation. Under the traditional Workmen’s Compensation framework, for example, Section 12 expressly contemplated situations in which a principal could be required to pay compensation to workers employed through contractors for work forming part of the principal’s trade or business. S3WaaS

The existence of such express provisions elsewhere makes the statutory wording important.

The question therefore became:

Does gratuity law contain a similar mechanism permitting gratuity owed by a contractor to be automatically shifted to the principal employer?

ONGC maintained that it did not.

The Appellate Authority’s ruling supported that position.

But that was not the end of the case.

The workers subsequently challenged the appellate decision before the Bombay High Court.

Bombay High Court Restores Liability Against ONGC

The dispute next reached the Bombay High Court.

The High Court disagreed with the Appellate Authority and restored the finding that effectively placed gratuity liability upon ONGC.

This once again changed the legal position.

The litigation had now produced three stages:

Controlling Authority: ONGC liable.

Appellate Authority: ONGC not liable.

Bombay High Court: liability against ONGC restored.

The repeated reversals demonstrate why the issue was legally difficult.

At the centre of the controversy were two competing concerns.

On one side was the protective purpose of gratuity legislation.

Gratuity is intended to provide a statutory financial benefit to employees following long service. Labour-welfare legislation is generally interpreted with that protective purpose in mind.

On the other side was the principle that a court or statutory authority cannot simply impose an employment liability upon an entity without establishing that the law actually makes that entity responsible.

A worker’s entitlement to money and the identity of the person legally required to pay that money are two separate questions.

That distinction ultimately became decisive before the Supreme Court.

Why the High Court Decision Was Important

The Bombay High Court’s approach effectively opened the possibility that a principal employer could be required to satisfy gratuity obligations relating to workers formally engaged through contractors.

For businesses relying extensively on outsourced manpower, the consequences could be substantial.

Consider a large industrial establishment employing thousands of contract workers through multiple agencies.

If every unpaid terminal-benefit claim could automatically be transferred to the principal employer, the company could potentially become financially responsible for liabilities arising from contractors over whom it had limited control in relation to employment administration.

At the same time, from the worker’s perspective, placing responsibility upon a financially stable principal employer may appear attractive where the contractor has disappeared, become insolvent or refused payment.

The Supreme Court therefore had to determine not which outcome was more convenient, but what the statutory framework actually permitted.

ONGC challenged the Bombay High Court decision before the Supreme Court.

The questions that followed went to the heart of Indian contract-labour law:

Who is an “employer” for gratuity purposes?

Can a principal employer be made liable simply because work was performed at its establishment?

And perhaps most importantly:

How far can the Controlling Authority go when deciding a gratuity claim?

Those questions formed the core of the Supreme Court’s eventual ruling.

Question One: Who Is the “Employer” for Gratuity Purposes?

The first major question before the Supreme Court was deceptively simple:

Who was the legal employer of the workers—the contractor who engaged them, or ONGC, where they actually performed their work?

This distinction matters because gratuity liability arises from the employment relationship.

Under the Payment of Gratuity Act, gratuity is payable by an employer to an eligible employee upon termination of employment in the situations recognised by the statute. The legal obligation therefore ordinarily falls upon the entity that is, in law, the worker’s employer. India Code

In the ONGC case, the workers had been deployed through independent contractors.

ONGC argued that this arrangement did not create a direct employer-employee relationship between the corporation and the contractual workers.

The Solicitor General, appearing for ONGC, emphasised that the workers had been supplied through contractors and that the relevant contract itself expressly stated that it was a job contract and did not create an employer-employee relationship between ONGC and the contractor’s personnel. 

The Supreme Court accepted the importance of this distinction.

Working at a Company Does Not Automatically Mean Working “For” That Company in Law

This is an important point for understanding contract labour.

A worker may:

• enter the principal employer’s premises every day;
• use equipment located there;
• perform services that benefit the principal employer;
• remain deployed at the same establishment for a long period; and
• work alongside directly employed staff.

Even then, the principal employer does not automatically become that worker’s legal employer.

The Court referred to its earlier decision in Municipal Council, Nandyal Municipality v. K. Jayaram, where it had recognised that a person supplied through a contractor cannot merely on that basis claim an employer-employee relationship with the principal employer. 

The real legal question is therefore not simply:

“Where did the employee work?”

It is:

“Who employed the worker in law?”

Factors such as recruitment, salary payment, disciplinary control, supervision, employment records and the genuine nature of the contractor arrangement may all become relevant depending upon the facts.

In the ONGC dispute, the Supreme Court proceeded on the basis that there was no employer-employee relationship between ONGC and the workers concerned.

That finding had an immediate consequence.

If ONGC was not their employer for purposes of the gratuity statute, the Controlling Authority could not simply impose the contractor’s gratuity liability upon ONGC.

Question Two: What Can the Controlling Authority Under the Gratuity Act Actually Decide?

The second issue was jurisdictional.

Even if the workers were entitled to gratuity, did the Controlling Authority have the legal power to determine that ONGC—not the contractor—was responsible for paying it?

The Supreme Court’s answer was no in the circumstances of this case.

This is one of the most important aspects of the judgment.

The Controlling Authority undoubtedly possesses adjudicatory powers under gratuity law. It is not merely a mathematical calculator.

Under the statutory framework, it can inquire into disputes concerning gratuity and determine the amount legally payable in matters falling within its jurisdiction. India Code

But the Supreme Court held that those powers have limits.

According to the Court, the Authority could not use a gratuity proceeding to resolve a fundamentally separate dispute over which entity should be treated as the employer and then fasten liability upon a principal employer with whom no employer-employee relationship existed. 

Calculation of Gratuity vs Creation of Liability

The distinction can be understood through two examples.

Suppose an employee and employer agree that the employment relationship existed, but disagree about:

• the employee’s length of service;
• the last drawn wages;
• whether a particular period counts as continuous service; or
• the exact gratuity amount.

Those are conventional gratuity disputes.

The Controlling Authority can inquire into such questions.

But consider a different situation.

The worker says:

“ONGC must pay me.”

ONGC replies:

“You were never my employee. Your employer was Contractor X.”

The issue is no longer only the computation of gratuity.

The Authority is being asked to determine whether liability belonging to one legal entity can be transferred to another entity that denies ever employing the worker.

The Supreme Court held that, on the facts before it, the Controlling Authority had gone beyond its statutory jurisdiction by deciding that question and imposing liability on ONGC.  Hindi

This jurisdictional distinction is significant because statutory tribunals and authorities can exercise only the powers given to them by law.

Even where an employee may have a legitimate monetary claim, the claim must still be pursued against the correct legal person and before an authority competent to decide the particular dispute.

Question Three: Does the Contract Labour Act Make the Principal Employer Liable for Gratuity?

The workers’ case also brought another important labour statute into focus—the Contract Labour (Regulation and Abolition) Act, 1970, commonly referred to as the CLRA Act.

The CLRA Act regulates the engagement of contract labour and imposes several obligations on contractors and principal employers.

One important provision is Section 21, which deals with payment of wages.

The contractor has the primary responsibility for paying wages to contract labour.

If the contractor fails to make payment of wages within the prescribed period or makes a short payment, the principal employer can be required to make good the unpaid wages and recover the amount from the contractor.

That statutory protection is significant.

It ensures that contract workers are not necessarily left without wages simply because the contractor defaults.

But the question before the Supreme Court was:

Does that residual responsibility of the principal employer extend to gratuity as well?

ONGC argued that it did not.

The Supreme Court accepted that submission. 

A Statutory Liability Cannot Simply Be Expanded by Analogy

The Court’s reasoning is important.

The CLRA Act specifically speaks of responsibility relating to wages.

If Parliament intended every statutory employment benefit owed by the contractor to become the responsibility of the principal employer upon default, it could have said so.

The Court declined to read such a broad liability into the statute.

That means the following logic is incorrect:

The principal employer may have to pay unpaid wages if the contractor defaults, therefore the principal employer must also pay gratuity if the contractor defaults.

The two liabilities are governed by different statutory provisions.

A principal employer’s responsibility must therefore be identified from the legislation itself.

It cannot automatically be extended from one category of payment to another simply because both arise out of employment.

This was an important reason why ONGC succeeded.

Is Gratuity the Same as “Wages”?

The answer to the previous question required the Supreme Court to examine another distinction:

Is gratuity legally the same thing as wages?

The Court accepted ONGC’s argument that it is not.

Ordinary wages are generally remuneration payable to a worker for work performed during the course of employment.

Gratuity has a different character.

It is a statutory terminal benefit that generally becomes payable upon termination of employment after the required period of continuous service, subject to the exceptions and conditions contained in the governing law.

ONGC relied upon the definition of wages under the then-relevant statutory framework to argue that gratuity was separately treated and could not simply be absorbed into the CLRA Act’s provision dealing with unpaid wages. 

The Supreme Court agreed with this distinction.  Hindi

Why Does This Technical Difference Matter?

Because Section 21(4) of the CLRA Act places a residual obligation on the principal employer where the contractor fails to pay wages.

If gratuity were automatically included within wages, the argument for principal-employer liability would become much stronger.

But once gratuity is treated as a distinct terminal benefit, Section 21(4) cannot simply be used to transfer that liability.

This illustrates a basic principle of statutory interpretation:

Courts generally cannot expand a specific statutory obligation beyond what the legislation actually provides merely because doing so might appear equitable in an individual case.

The distinction may sound technical, but it has major practical consequences.

For businesses using contract labour, it defines the boundary between the contractor’s obligations and the principal employer’s residual responsibilities.

For workers, it identifies the legal entity against whom a particular statutory benefit must ordinarily be claimed.

Supreme Court Sets Aside the Bombay High Court’s Decision

After examining the statutory framework and the nature of the relationship between ONGC and the workers, the Supreme Court allowed ONGC’s appeals.

The Court set aside the Bombay High Court order that had restored gratuity liability against ONGC.

It instead revived the decision of the Appellate Authority, which had ruled in ONGC’s favour. 

The Court’s conclusion rested principally on the jurisdictional issue.

It accepted ONGC’s submission that the proceedings before the Controlling Authority were not maintainable insofar as that Authority had undertaken to determine liability against ONGC despite the absence of a direct employer-employee relationship.

The Supreme Court observed, in substance, that the Controlling Authority’s statutory function did not extend to creating or fastening liability upon a principal employer in these circumstances.  Hindi

The Court Did Not Say Gratuity Was Unimportant

This distinction is essential.

The judgment was not based on the idea that contract workers should not receive gratuity.

Nor did the Supreme Court say that employers may structure their affairs through contractors merely to escape labour obligations.

Instead, the Court focused on:

• who the legal employer was;
• what liability the relevant legislation imposed;
• what powers the Controlling Authority possessed; and
• whether those statutory powers had been exceeded.

The case therefore concerns the legal source of liability, rather than the general social importance of gratuity.

This makes the judgment especially significant because it separates two questions that are often merged together:

Is the worker entitled to gratuity?

and

Is this particular principal employer legally required to pay it?

The Court held that entitlement to the benefit does not automatically answer the second question.

What Happened to the Gratuity That ONGC Had Already Paid?

The final order contained an important practical safeguard for the workers.

During the course of the litigation, ONGC had already paid the claimed gratuity amounts to the contractual workers pursuant to earlier court directions.

Once the Supreme Court ruled that ONGC could not legally be made liable in the manner adopted by the Controlling Authority, a further question arose:

Would the workers now have to return the money?

The Supreme Court said no.

The Court specifically directed that the amounts already received by the workers should not be recovered from them.  Hindi

This produced an unusual but balanced outcome.

Legally, ONGC succeeded.

The High Court’s ruling against it was set aside.

The Appellate Authority’s decision was restored.

And the Supreme Court clarified that liability could not be imposed on ONGC in the absence of the relevant employment relationship.

But practically, the individual workers were protected from refund proceedings.

Why Is This Part of the Judgment Important?

Because litigation of this nature can continue for years.

By the time a final appellate court rules on who was technically responsible for payment, workers may already have received and used amounts paid under interim or earlier judicial orders.

Ordering recovery in such circumstances could impose serious hardship.

The Supreme Court therefore separated:

the legal question of liability

from

the practical question of whether sums already received should be clawed back.

The ruling corrected the legal position without requiring the workers to repay the gratuity already received.

Does the Judgment Mean Contract Workers Cannot Claim Gratuity?

No.

This is probably the most important misconception to avoid when discussing the case.

The Supreme Court did not hold that contractual workers are excluded from gratuity law.

The ruling instead concerns who is responsible for paying gratuity where workers are genuinely employed through an independent contractor.

A contractual worker may still qualify for gratuity where the statutory requirements are satisfied.

The relevant question is ordinarily whether the worker’s actual employer—the contractor—has an obligation to make the payment.

The ONGC judgment prevents a different proposition:

A worker cannot automatically shift that liability to the principal employer merely because the work was performed at the principal employer’s establishment.

That distinction can be expressed simply as:

Entitlement to gratuity does not automatically create liability against the principal employer.

The Supreme Court’s decision therefore protects the distinction between two separate legal relationships:

Contractor ↔ worker

and

Principal employer ↔ contractor

Where the first relationship is a genuine employer-employee relationship and the second is an independent commercial contract, statutory liabilities must ordinarily follow that structure unless the relevant legislation expressly provides otherwise.

The Court’s ruling is particularly relevant for businesses that use outsourced services such as:

• security;
• housekeeping;
• facility management;
• logistics;
• equipment maintenance;
• canteen operations;
• material handling; and
• specialised technical services.

But the judgment should not be treated as an absolute shield for principal employers.

A crucial qualification remains:

What if the contractor arrangement is not genuine at all?

That is the next legal issue, because Indian labour law distinguishes genuine contract labour from arrangements that are merely a sham or camouflage designed to conceal the real employer-employee relationship.

What If the Contractor Arrangement Is a Sham or Camouflage?

The Supreme Court’s ruling does not mean that a company can avoid labour-law obligations simply by inserting a contractor between itself and the workers.

Indian labour law has long recognised an important exception:

If the contractor arrangement is only a sham or camouflage, the court can examine the real relationship between the worker and the principal employer.

In other words, the label placed on the arrangement is not always decisive.

A company cannot necessarily say:

“These workers belong to the contractor”

if, in reality, the contractor performs no independent employment function and the principal employer exercises the characteristics of the true employer.

Courts may examine factors such as:

• who recruited the workers;
• who fixed their wages;
• who paid them;
• who assigned their duties;
• who exercised disciplinary control;
• who had the power to remove them;
• who maintained attendance and employment records; and
• whether the contractor actually operated as an independent business.

The purpose of this inquiry is to determine whether the contractor is genuine or merely being used as an intermediary on paper.

Why This Qualification Matters

Suppose Factory A hires Contractor B to provide 100 housekeeping workers.

If Contractor B recruits the employees, maintains their records, pays wages, supervises them and independently manages its workforce, that points towards a genuine contract-labour arrangement.

But consider another situation.

Factory A selects every worker, determines their salaries, directly supervises them, approves leave, disciplines them and effectively controls their employment, while Contractor B merely processes invoices.

The legal position may be very different.

In such circumstances, workers may argue that the contractor is only a façade and that the principal employer is their real employer.

Therefore, the ONGC ruling should not be read as establishing a blanket rule that:

“Principal employers can never be liable for gratuity.”

The narrower principle is that a principal employer cannot automatically be made liable merely because workers supplied by an independent contractor performed work at its establishment.

The actual employment relationship remains important.

Why the Written Contract Still Matters

Although the actual relationship between the parties is crucial, the written agreement between the principal employer and contractor remains important evidence.

In the ONGC case, the corporation relied upon contractual provisions stating that the arrangement was a job contract and that workers deployed by the contractor would not become employees of ONGC. The Supreme Court considered the absence of a direct employer-employee relationship central to the outcome. 

A properly drafted contract can clarify matters such as:

• who recruits the employees;
• who pays salaries;
• who contributes towards statutory benefits;
• who maintains employment records;
• who exercises disciplinary powers;
• who bears responsibility for gratuity and other terminal benefits;
• compliance with labour legislation; and
• indemnity where the contractor breaches statutory obligations.

But contractual wording alone is not enough.

For example, simply inserting a clause stating:

“No employer-employee relationship shall exist”

will not necessarily protect the principal employer if the facts demonstrate the opposite.

Courts generally look at the substance of the arrangement where employment status is genuinely disputed.

Therefore, employers should ensure that their actual working practices match the contractual structure.

If a contractor is described as the employer, it should genuinely perform the functions expected of an employer.

This makes the ONGC decision particularly relevant to HR departments and compliance teams. It highlights that good contract drafting and genuine operational independence must work together.

What Does the Judgment Mean for Principal Employers?

For companies that engage large numbers of contractual workers, the Supreme Court judgment provides important clarification.

The mere presence of contract workers at an establishment does not automatically make the principal employer responsible for every statutory payment owed by the contractor.

That said, principal employers should not interpret the judgment as permission to ignore labour compliance.

A poorly structured contractor arrangement can still generate significant legal exposure.

Principal Employers Should Review Their Contractor Arrangements

Businesses should ensure that contractor agreements clearly identify the contractor as responsible for its employees and their statutory benefits.

They should also verify that this is how the arrangement works in practice.

Particular attention should be paid to:

Recruitment:
Who actually selects and appoints the workers?

Salary payments:
Are wages paid by the contractor through its own payroll system?

Employment records:
Who maintains appointment letters, wage registers, attendance and service records?

Supervision:
Does the contractor have genuine supervisory responsibility?

Discipline:
Who takes disciplinary decisions concerning workers?

Statutory benefits:
Who maintains records and makes payments relating to PF, ESI, gratuity and other statutory obligations?

Compliance Monitoring Is Still Important

A principal employer may still have specific statutory responsibilities under labour legislation.

Therefore, companies should continue monitoring contractors for compliance rather than assuming that all obligations disappear merely because workers have been outsourced.

The safer approach is:

monitor compliance without unnecessarily taking over the contractor’s employment functions.

This distinction can help preserve a genuine contractor relationship while reducing the risk of labour disputes.

What Does the Judgment Mean for Contractors?

The decision also carries an important message for contractors.

Where a contractor genuinely employs the workforce, it cannot assume that statutory liabilities will ultimately be transferred to the principal employer if it fails to comply.

The contractor remains responsible for employment obligations imposed upon it by law.

That may include responsibility for:

• maintaining service records;
• paying statutory wages;
• complying with provident fund and ESI requirements where applicable;
• maintaining attendance and payroll records;
• issuing required employment documentation; and
• making provision for terminal benefits such as gratuity where legally payable.

Gratuity Can Become a Significant Long-Term Liability

For contractors employing workers over long periods, gratuity exposure should be treated as a foreseeable employment cost.

A contractor who ignores this liability until an employee leaves may face substantial accumulated claims.

This is particularly important in manpower-intensive sectors including:

• security services;
• facility management;
• housekeeping;
• logistics;
• industrial maintenance; and
• staffing services.

Contractors should therefore account for gratuity obligations when pricing contracts.

A commercial agreement that does not adequately provide for statutory employment costs can create problems later, particularly where the contractor operates on narrow margins.

The ONGC judgment reinforces that a contractor cannot simply assume:

“If we cannot pay, the principal employer will have to pay instead.”

That is not what the Supreme Court held. 

What Does the Judgment Mean for Contract Workers?

The decision is equally important from the worker’s perspective.

Contract workers should not interpret the ruling as saying they cannot receive gratuity.

Instead, they need to identify who their legal employer actually is.

A worker pursuing a gratuity claim should consider documents and facts such as:

• appointment letter;
• salary slips;
• bank credits;
• identity card;
• PF and ESI records;
• contractor employment records;
• attendance records;
• service certificate;
• wage register; and
• termination or relieving documents.

These records may help establish who legally employed the worker.

Long Service at One Site Is Not Enough by Itself

A worker may spend many years at the same factory, refinery, office or commercial establishment.

That fact is relevant but does not automatically prove direct employment with the principal employer.

The Supreme Court noted in the ONGC litigation that the workers emphasised that they had worked for the corporation for a long period, but that did not answer the central legal objection concerning the absence of an employer-employee relationship. 

Therefore, workers should distinguish between:

place of deployment

and

identity of employer.

They are not necessarily the same.

If the contractor is genuinely the employer, the gratuity claim would ordinarily lie against that contractor, subject to applicable law.

If, however, the contractor arrangement is alleged to be artificial, the worker may need to establish the true nature of the employment relationship through the appropriate legal proceedings.

Why the Limits of the Controlling Authority Matter

One of the most important aspects of the judgment is not merely the ruling on principal-employer liability.

It is the Supreme Court’s clarification of the jurisdiction of the Controlling Authority.

The Court held that the Authority had exceeded its jurisdiction when it adjudicated the question of liability against ONGC.

The Supreme Court stated that the statutory power of the Authority was to compute the amount payable to the concerned employee, and that determining liability against the principal employer in the circumstances of the case went beyond that function. 

This reflects a broader legal principle:

A statutory authority can exercise only the jurisdiction that the legislation gives it.

An authority created to decide gratuity disputes cannot automatically assume unlimited jurisdiction over every employment-law issue connected to a worker’s claim.

This matters because questions such as:

• whether an employer-employee relationship exists;
• whether a contractor is genuine;
• whether an arrangement is sham or camouflage; and
• which entity is legally the employer

may require determination under the appropriate labour-law framework.

The judgment therefore helps define the boundary between a gratuity computation dispute and a more fundamental employment-status dispute.

Five Key Legal Principles Emerging From the ONGC Judgment

The Supreme Court ruling can be reduced to five important principles:

1. A principal employer is not automatically liable for gratuity payable to contract workers. Liability cannot arise merely because workers performed services at the principal employer’s premises.
2. The employer-employee relationship remains fundamental. Where workers are genuinely employed through an independent contractor, the contractor remains legally distinct from the principal employer.
3. The Controlling Authority has jurisdictional limits. It cannot use gratuity proceedings to create liability against a principal employer where the foundational employment relationship itself is absent or disputed in the manner considered in this case. 
4. Residual liability for wages under contract-labour legislation does not automatically extend to gratuity. Each statutory obligation must be traced to the legislation that creates it.
5. The ruling does not eliminate gratuity rights for contractual workers. It determines who may be responsible for payment in a genuine contract-labour arrangement.

These principles make the judgment important not only for gratuity claims but also for the wider understanding of the legal distinction between contractors, principal employers and their respective statutory liabilities.

Conclusion: A Clarification of Liability, Not a Denial of Workers’ Rights

The Supreme Court’s decision in M/s Oil and Natural Gas Corporation Ltd. v. Suryakand D. Lad & Ors. provides an important clarification on gratuity liability in contract-labour arrangements.

Its central message is not that contractual workers are deprived of gratuity.

Rather, the Court has emphasised that a statutory benefit must ordinarily be claimed against the entity upon whom the law actually imposes the liability.

A worker performing services at the premises of a large corporation does not, merely for that reason, become an employee of that corporation.

Where an independent contractor genuinely employs the worker, the distinction between the contractor as employer and the company as principal employer remains legally significant.

The Court also placed an important limit on the powers of the Controlling Authority. It held that the Authority could not go beyond its statutory jurisdiction and impose gratuity liability on ONGC in circumstances where the workers did not have the required employer-employee relationship with the corporation. 

At the same time, the judgment should not be treated as a universal shield for businesses using contract labour.

If a contractor arrangement is merely a façade concealing the true employment relationship, the legal analysis may be very different.

The practical lesson is therefore one of substance over assumption.

For workers, the first question is not simply whether gratuity is payable, but who is legally responsible for paying it.

For contractors, statutory employment liabilities cannot be ignored on the assumption that the principal employer will eventually bear them.

And for principal employers, genuine outsourcing arrangements, clear contracts and consistent labour-law compliance remain essential.

The judgment ultimately draws a careful distinction between three separate issues:

the worker’s entitlement to gratuity, the amount of gratuity payable, and the identity of the employer legally responsible for that payment.

That distinction is likely to make the ONGC ruling an important precedent in future disputes involving gratuity, contract labour and principal-employer liability in India.

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Why Airlines Need Specialised POSH Training: Aviation-Specific Workplace Harassment Compliance Under the POSH Act, 2013

The aviation industry is one of the most dynamic and demanding sectors in the world. Every day, thousands of airline employees work in airports, aircraft, corporate offices, cargo terminals, engineering facilities, crew transport vehicles and hotels across multiple cities and countries. Unlike a conventional office environment, an airline’s workplace is constantly changing, highly regulated and involves interaction with passengers, airport authorities, government agencies, vendors and employees from numerous organisations.

Given these unique operational challenges, compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) cannot be achieved by simply conducting a generic annual awareness session. Airlines require specialised, role-specific POSH training that reflects the realities of aviation operations.

Unfortunately, many organisations continue to provide identical training to every employee, irrespective of whether they work in a corporate office, at an airport check-in counter, inside an aircraft or in an engineering hangar. While this may technically satisfy an internal training calendar, it often fails to achieve the true objective of the POSH Act prevention through awareness.

The Employer’s Legal Duty

The POSH Act places a clear responsibility on every employer to create and maintain a safe workplace.

Section 19 of the Act mandates that every employer shall, amongst other things:

• provide a safe working environment;
• organise workshops and awareness programmes for employees at regular intervals;
• organise orientation programmes for members of the Internal Committee;
• display the penal consequences of sexual harassment and details of the Internal Committee;
• assist employees where sexual harassment is committed by a third party or outsider in relation to the workplace; and
• treat sexual harassment as misconduct under the applicable service rules.

These obligations are mandatory. Compliance is not limited to constituting an Internal Committee or adopting a POSH Policy. An employer must take proactive measures to educate its workforce.

For airlines, this responsibility assumes even greater importance because of the unique nature of the aviation workplace.

The Aviation Workplace Is Unlike Any Other

Most industries operate from a fixed office location. Airlines do not.

For airline employees, the workplace may include:

• Corporate offices
• Airport terminals
• Aircraft
• Crew briefing rooms
• Airport lounges
• Cargo terminals
• Engineering hangars
• Crew transport vehicles
• Hotel accommodation during official layovers
• Training centres
• Official business travel
• Virtual workspaces and online communication platforms

Employees frequently interact with people who are not employed by the airline, including passengers, airport operators, CISF personnel, immigration officials, customs officers, ground handling companies, caterers, hotel staff and transport providers.

These interactions create situations that are rarely encountered in traditional workplaces and require specialised guidance.

One Training Programme Cannot Address Every Role

An airline employs people performing vastly different functions. Their workplace risks differ significantly.

Corporate Office Staff

Employees working in finance, HR, legal, sales, commercial, procurement and administration generally operate in a structured office environment.

Their training should focus on:

• professional workplace behaviour;
• respectful communication;
• misuse of authority by supervisors;
• workplace relationships;
• inappropriate emails, chats and video meetings;
• confidentiality obligations;
• retaliation and victimisation; and
• reporting mechanisms under the POSH Policy.

Practical examples involving Microsoft Teams, emails, WhatsApp messages, business travel and office meetings are far more relevant than generic illustrations.

Airport Ground Staff

Ground staff work in one of the busiest public-facing environments.

Every day they interact with:

• passengers;
• airport operators;
• immigration officers;
• customs officials;
• security agencies;
• ground handlers;
• caterers;
• transport providers;
• vendors; and
• employees of other airlines.

Unlike office employees, they regularly deal with members of the public, many of whom may behave inappropriately.

Training for ground staff should therefore cover:

• harassment by passengers;
• offensive language and gestures;
• inappropriate physical contact at check-in counters or boarding gates;
• third-party harassment;
• escalation protocols;
• preservation of CCTV and other evidence;
• coordination with airport security; and
• reporting obligations.

Section 19(g) of the POSH Act specifically requires employers to assist employees where harassment is committed by a third party or outsider. Ground staff must know how to invoke these protections.

Cabin Crew

Cabin crew operate in an entirely different environment.

Their workplace is confined, customer-facing and often international. They spend long hours with passengers in close proximity while simultaneously ensuring safety and delivering service.

Specialised training should address situations such as:

• passengers making sexually coloured remarks;
• unwelcome touching during inflight service;
• repeated requests for personal contact details;
• photography or video recording without consent;
• stalking through social media after a flight;
• inappropriate behaviour during official layovers;
• maintaining professional boundaries between crew members; and
• reporting incidents immediately after landing.

Cabin crew must also understand how to preserve evidence, report incidents promptly and coordinate with airline management without compromising safety or operational priorities.

Pilots and Flight Crew

Pilots occupy positions of authority and leadership within the flight crew.

Training should address:

• leadership responsibilities;
• interactions with cabin crew;
• maintaining professional boundaries;
• conduct during layovers;
• reporting obligations;
• avoiding abuse of authority; and
• fostering a respectful cockpit environment.

Because of the hierarchical nature of flight operations, pilots must appreciate the importance of maintaining professionalism at all times.

Engineering, Cargo and Technical Personnel

Employees working in engineering hangars, cargo terminals and technical operations often work in shifts, isolated workspaces and multidisciplinary teams.

Training should include:

• respectful workplace conduct;
• interactions with contractors;
• shift-based working;
• reporting procedures;
• use of digital communication; and
• maintaining professionalism in operational environments.

Managers Require Advanced Training

Managers are often the first point of contact when an employee raises a concern.

Their responsibilities extend beyond personal conduct.

Managers should understand:

• how to respond to complaints;
• when a matter must be referred to the Internal Committee;
• confidentiality obligations under Section 16;
• interim workplace measures;
• prohibition against retaliation; and
• maintaining neutrality during an inquiry.

A manager who mishandles an initial complaint may expose the organisation to unnecessary legal risk.

Internal Committee Members Need Industry-Specific Orientation

Section 19(c) requires employers to organise orientation programmes for Internal Committee members.

For airlines, these programmes should extend beyond the provisions of the POSH Act.

Internal Committee members should understand:

• airline operations;
• flight and duty rosters;
• airport access restrictions;
• CCTV systems;
• passenger interaction records;
• crew scheduling;
• security procedures;
• operational documentation; and
• preservation of electronic evidence.

An Internal Committee unfamiliar with aviation operations may struggle to appreciate the context of workplace incidents.

Digital Workplace Risks

Today’s airline workforce communicates extensively through:

• Microsoft Teams;
• WhatsApp;
• official messaging platforms;
• emails;
• rostering applications; and
• collaboration tools.

Harassment is no longer confined to physical workplaces.

Training should address:

• inappropriate messages;
• offensive memes or images;
• repeated personal communication;
• misuse of official communication groups;
• online stalking; and
• social media interactions between colleagues and passengers.

Employees should understand that digital misconduct may amount to sexual harassment even when it occurs outside office hours if it has a nexus with the workplace.

Third-Party Harassment

Airline employees are particularly vulnerable to misconduct by individuals who are not employees of the airline.

Passengers, vendors, contractors and airport personnel may all engage in inappropriate behaviour.

Employees should know:

• how to report such incidents;
• whom to contact immediately;
• what evidence should be preserved;
• how management will respond; and
• what support the employer is legally required to provide.

Training should reinforce that employees will be supported when they report genuine incidents involving third parties.

Why Generic Training Is Ineffective

A standard one-hour presentation delivered uniformly across the organisation often fails to address the realities of airline operations.

Employees engage more effectively when training includes realistic aviation scenarios, role-play exercises and examples directly relevant to their duties.

Role-specific training enables employees to understand not only the law but also how to apply it in practical situations they encounter every day.

Beyond Compliance—Building a Respectful Culture

Effective POSH training is not merely about avoiding penalties under Section 26 of the POSH Act. It is about fostering a culture of dignity, respect and accountability.

Employees who understand acceptable workplace behaviour are more likely to intervene appropriately, report concerns promptly and contribute to a safer working environment.

For airlines, where teamwork, trust and professionalism are essential to safe operations, this culture is invaluable.

Conclusion

The aviation industry is unlike any other workplace. The challenges faced by a corporate HR executive, an airport customer service agent and a cabin crew member are fundamentally different. Expecting a single generic POSH training programme to address these diverse operational realities is neither effective nor consistent with the preventive spirit of the POSH Act.

Airlines should adopt role-specific, aviation-focused POSH training for office staff, ground staff, cabin crew, flight crew, engineering personnel, managers and Internal Committee members. Such training should combine legal compliance with practical operational scenarios, enabling employees to recognise, prevent and appropriately respond to workplace sexual harassment.

A safe workplace is not created by policy documents alone. It is built through awareness, continuous education and a shared commitment to respect and professionalism. For airlines, specialised POSH training is therefore not merely a compliance requirement—it is an operational necessity.

About the Author

Adv. Sarosh Damania is an Advocate practising before the Bombay High Court and various judicial forums across India. He advises airlines, multinational corporations and employers on aviation law, employment law, labour law, domestic inquiries and POSH compliance. He regularly conducts customised POSH training programmes for airline office staff, airport ground operations, cabin crew, management teams and Internal Committee members, tailored to the unique operational requirements of the aviation industry.

Disclaimer: This article is intended for general informational purposes only and should not be construed as legal advice. Every organisation should seek legal advice tailored to its operations, service rules and applicable laws.

Frequently Asked Questions (FAQs)

Why do airlines need specialised POSH training?

Airline employees work in diverse environments such as aircraft, airports, hotels, engineering hangars, and virtual platforms. Role-specific training helps employees understand how the POSH Act applies to their unique operational settings.

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Is generic POSH training sufficient for airlines?

Generic training may satisfy a compliance calendar but often fails to address aviation-specific scenarios involving passengers, airport authorities, contractors, layovers, and international operations.

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Which airline employees should receive specialised POSH training?

Training should be customised for:

• Corporate office staff
• Airport ground staff
• Cabin crew
• Pilots and flight crew
• Engineering and cargo personnel
• Managers
• Internal Committee members

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What topics should aviation POSH training include?

Training should cover third-party harassment, digital communications, reporting mechanisms, confidentiality, evidence preservation, professional boundaries, layover conduct, and role-specific workplace scenarios.

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Why is specialised Internal Committee training important for airlines?

Internal Committee members should understand aviation operations, flight rosters, airport access controls, CCTV systems, crew scheduling, and preservation of electronic evidence to conduct fair and effective inquiries.

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What are an employer’s obligations under Section 19 of the POSH Act?

Employers must provide a safe workplace, conduct regular awareness programmes, organise orientation for Internal Committee members, assist employees facing third-party harassment, and implement appropriate workplace policies and procedures.

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POSH Proceedings in Companies: Understanding the Process, Procedure & Principles of Fair Inquiry Under the POSH Act, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly referred to as the POSH Act, has fundamentally changed the manner in which complaints of sexual harassment at the workplace are required to be addressed in India.

While considerable attention is rightly placed on preventing sexual harassment and providing an effective redressal mechanism to aggrieved women, the effectiveness and credibility of the POSH framework ultimately depend upon the manner in which proceedings are conducted by the Internal Committee (“IC”).

A POSH inquiry is not merely an internal HR exercise. It is a statutory proceeding conducted by a committee constituted under law. The process must therefore be fair, confidential, impartial and compliant with the procedure prescribed under the POSH Act and the applicable Rules.

Constitution of the Internal Committee

Every workplace employing ten or more employees is required to constitute an Internal Committee in accordance with the POSH Act.

The Committee is required to have a senior woman employee as the Presiding Officer, employee members who possess appropriate experience or commitment to women’s causes or legal knowledge, and an external member from a non-governmental organisation, association or a person familiar with issues relating to sexual harassment.

The external member is not intended to be a ceremonial appointment. The presence of an independent external member is an important statutory safeguard intended to bring neutrality, experience and an independent perspective to the proceedings.

An improperly constituted Internal Committee may expose the entire inquiry process to legal challenge.

Filing of a Complaint

A complaint of sexual harassment is ordinarily required to be made in writing within three months from the date of the incident. Where there is a series of incidents, the period is calculated from the date of the last incident.

The Internal Committee may extend the period by a further three months where it is satisfied that circumstances prevented the complainant from filing the complaint within the prescribed period. The reasons for granting such extension should be recorded.

Where the aggrieved woman is unable to make a written complaint, the Committee is required to provide reasonable assistance in reducing the complaint into writing.

At this stage, the Committee should identify the allegations with reasonable clarity. The dates, incidents, communications and persons involved should, as far as possible, be clearly identified so that a meaningful inquiry can take place.

Supply of the Complaint to the Respondent

One of the fundamental requirements of a fair POSH inquiry is that the respondent must be informed of the allegations against him.

The prescribed procedure requires a copy of the complaint to be sent to the respondent within the statutory framework. The respondent must thereafter be provided an opportunity to submit his written response together with supporting documents and details of witnesses.

An inquiry cannot be conducted on the basis of vague summaries, informal allegations or undisclosed material.

The respondent must know the case he is required to answer.

At the same time, the process of supplying the complaint and related documents must strictly maintain confidentiality. POSH material should not be casually circulated within the organisation or communicated to persons who have no role in the inquiry.

Written Response of the Respondent

The written response is an important stage of the proceedings.

The respondent should deal with each allegation separately and factually. Wherever possible, the response should identify relevant emails, messages, travel records, attendance records, CCTV footage, witnesses or other contemporaneous material.

A POSH response should not be treated as an emotional exchange between the complainant and the respondent. Personal attacks, unnecessary allegations and irrelevant material generally distract from the real issues before the Committee.

The focus should remain on the specific allegations and the evidence available in relation to each incident.

The Internal Committee must carefully consider the respondent’s explanation and cannot proceed on the assumption that the filing of a complaint itself establishes guilt.

Conciliation: A Limited Statutory Option

Before commencing an inquiry, the Internal Committee may, at the request of the aggrieved woman, attempt conciliation.

However, monetary settlement cannot form the basis of conciliation under the POSH Act.

Conciliation should never be imposed by the employer, HR department or the Committee. It is an option available at the request of the aggrieved woman and must remain voluntary.

If a settlement is reached, the Committee records the settlement and forwards it to the employer for appropriate action. Where the terms of settlement are complied with, no further inquiry is ordinarily conducted.

Conduct of the Inquiry

Where conciliation is not requested or does not result in settlement, the Internal Committee proceeds with the inquiry.

The Committee is required to provide both parties a reasonable opportunity of presenting their case.

The complainant may provide her statement and supporting material. The respondent is entitled to respond to the allegations. Witnesses may be examined and relevant documentary or electronic evidence may be considered.

The Committee should maintain proper records of proceedings.

Questions posed to the parties and witnesses should remain relevant to the allegations under inquiry. The proceedings must be conducted with sensitivity, but sensitivity cannot replace procedural fairness.

The Committee must avoid approaching the inquiry with a predetermined conclusion.

Principles of Natural Justice

The POSH Rules expressly require the Internal Committee to follow the principles of natural justice.

This requirement is central to the entire inquiry.

Natural justice broadly requires that a person must know the allegations against him, must be given a reasonable opportunity to respond, must be permitted to present relevant material and the decision must be taken by an impartial body after considering the material placed before it.

Material relied upon by the Committee should ordinarily be put to the concerned party where a response to such material is necessary for a fair determination.

An inquiry in which undisclosed documents, private communications with Committee members or material collected behind the back of a party forms the basis of findings may raise serious questions regarding procedural fairness.

The Internal Committee is not expected to conduct a criminal trial. However, the absence of strict rules of criminal procedure does not permit an arbitrary inquiry.

Examination of Witnesses and Evidence

Workplace complaints often arise from conversations or incidents where direct documentary evidence may not always be available.

The Internal Committee may therefore consider surrounding circumstances, contemporaneous communications and witness testimony.

Electronic evidence, including emails, messages and workplace communication platforms, may also be relevant.

The Committee should assess the consistency of statements, contemporaneous conduct, corroborating circumstances and the overall probability of the respective versions.

Where a witness statement or document materially affects the case of a party, procedural fairness requires that an appropriate opportunity to respond should be provided.

Confidentiality of POSH Proceedings

Confidentiality is one of the most important obligations under the POSH Act.

The identity of the complainant, respondent and witnesses, the contents of the complaint, information relating to conciliation and inquiry proceedings, recommendations of the Committee and action taken by the employer are protected by statutory confidentiality requirements.

Companies must therefore exercise considerable caution while handling POSH communications.

Complaint documents should not be circulated through unnecessary email chains. Access should be restricted to persons who genuinely require the information for the proceedings.

HR teams and Internal Committee members should also carefully verify addresses and modes of communication before dispatching confidential material.

A failure to maintain confidentiality can itself have serious consequences and may undermine confidence in the statutory process.

Role of HR and Management

A common mistake in POSH proceedings is the excessive involvement of HR or senior management in the decision-making process of the Internal Committee.

HR may provide administrative assistance. The employer is also required to provide facilities necessary for conducting the inquiry.

However, the Internal Committee must independently assess the complaint and evidence.

Management should not dictate the outcome of the inquiry or attempt to influence the findings of Committee members.

The independence of the Internal Committee is essential to the credibility of the POSH mechanism.

The Inquiry Report

The inquiry is required to be completed within the statutory period prescribed under the POSH Act.

Upon completion, the Internal Committee prepares its findings and recommendations.

The report should clearly identify the allegations considered, the material examined and the conclusions reached by the Committee.

A well-reasoned report should demonstrate that the Committee has independently considered the respective versions and the evidence before it.

Merely reproducing the complaint and recording a conclusion is not sufficient for a meaningful statutory inquiry.

The report should contain reasons.

Action by the Employer

Where the allegation is proved, the Internal Committee may recommend action in accordance with the applicable service rules and the POSH framework.

Depending upon the facts, recommendations may include disciplinary action and other statutory measures.

Where the allegation is not proved, the Committee should recommend that no action be taken against the respondent in relation to the complaint.

The employer is required to act upon the recommendations of the Internal Committee within the period prescribed by law.

False Complaints and the Need for Caution

The POSH Act contains provisions dealing with malicious complaints and false evidence.

However, the mere inability of a complainant to prove an allegation does not automatically mean that the complaint was malicious.

There must be material indicating that the complaint was knowingly false or malicious before action is recommended on this ground.

Internal Committees must exercise considerable caution while applying these provisions so that genuine complainants are not discouraged from approaching the statutory mechanism.

At the same time, deliberate fabrication of evidence or knowingly false allegations cannot be ignored merely because the proceedings arise under a beneficial legislation.

POSH Proceedings Must Protect the Integrity of the Process

The POSH Act is an important workplace protection legislation. Its purpose can only be achieved when employees have confidence in the mechanism established under the law.

That confidence requires a process which is sensitive towards the complainant, fair towards the respondent and independent in its assessment of evidence.

Companies should therefore avoid treating POSH inquiries as routine HR investigations or disciplinary formalities.

Internal Committee members must be properly trained, proceedings must be documented, confidentiality must be strictly maintained and the principles of natural justice must be followed at every material stage.

A fair procedure does not weaken the protection available to women at the workplace.

On the contrary, a legally sound, independent and procedurally fair inquiry strengthens the POSH framework and ensures that its findings command confidence, credibility and legal sustainability.

Adv. Sarosh Damania is a Mumbai-based lawyer advising companies and organisations on employment law, workplace investigations, POSH compliance and Internal Committee proceedings.

Frequently Asked Questions (FAQs)

What is the Internal Committee under the POSH Act?

Every workplace with ten or more employees must constitute an Internal Committee to receive and inquire into complaints of workplace sexual harassment in accordance with the POSH Act.

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Is a respondent entitled to receive a copy of the complaint?

Yes. A fair POSH inquiry requires that the respondent be informed of the allegations and given an opportunity to submit a written response along with supporting evidence.

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Can a POSH complaint be settled through conciliation?

Yes, but only if the aggrieved woman requests conciliation. Monetary settlement cannot form the basis of such conciliation under the POSH Act.

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Are POSH proceedings confidential?

Yes. The identities of the parties, witnesses, complaint details, inquiry proceedings, recommendations, and actions taken are subject to statutory confidentiality requirements.

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Must the Internal Committee follow the principles of natural justice?

Yes. The POSH Rules require the Internal Committee to conduct inquiries fairly, impartially, and in accordance with the principles of natural justice.

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Can HR or management decide the outcome of a POSH inquiry?

No. HR may provide administrative assistance, but the Internal Committee must independently assess the evidence and reach its own conclusions without undue influence.

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