Yes. An employee against whom an adverse finding has been made by the ICC may challenge the finding and any consequent disciplinary action through: an appeal to the employer under Section 18 of the POSH Act; a writ petition before the High Court challenging the fairness of the inquiry process or the reasonableness of the finding; or employment dispute proceedings before the Labour Court or Industrial Tribunal if the employment contract or standing orders provide for such proceedings. The employer’s position in any such challenge depends primarily on the quality and procedural correctness of the ICC’s inquiry record.
