Ch. V · §18
Chapter V
Inquiry & Relief
Section
Chapter V · Inquiry & Relief
Section 18
Appeal
Temporary structural and explanatory content only; it is not a verbatim reproduction. Complete statutory text and legal commentary will be integrated after separate legal verification.
Plain Language
Any person who is aggrieved by the committee's recommendations or by the non-implementation of those recommendations may appeal.
This includes the aggrieved woman, the respondent, or any other person affected by the recommendations or non-implementation.
The appeal lies to the court or tribunal under applicable service rules, or the prescribed mechanism if no service rules exist.
The appeal must be filed within ninety days of the recommendations or order.
Why It Matters
The appeal right ensures that the committee's findings and recommendations are not final and binding without judicial review.
Both parties can appeal — the aggrieved woman if she finds the outcome inadequate, and the respondent if he disputes the findings.
Non-implementation itself is a ground for appeal, creating a check on employers who fail to act on recommendations.
The 90-day window is a hard deadline. Missing it can extinguish the right to challenge the recommendations.
Practical Example
Respondent's appeal
Scenario: The respondent disagrees with the IC's finding that the allegation was proved and wants to challenge the recommendation for termination.
Outcome: The respondent may file an appeal within 90 days of the recommendation. The appeal lies to the court or tribunal under applicable service rules.
Complainant's appeal
Scenario: The aggrieved woman feels the compensation recommended is inadequate given the severity of the harassment.
Outcome: She may appeal within 90 days, arguing that the compensation does not adequately reflect the factors under Section 15.
Non-implementation appeal
Scenario: The employer receives the IC's recommendation but takes no action within 60 days. The aggrieved woman wants to compel implementation.
Outcome: Non-implementation of recommendations is itself a ground for appeal. The aggrieved woman may appeal within 90 days of the recommendation date.
Who Must Act
employee
- Track the 90-day appeal window carefully once you receive the order or recommendation.
- Note that non-implementation by the employer is also a ground for appeal.
employer
- Implement recommendations within the 60-day window to avoid appeal exposure for non-implementation.
- Understand that both parties may challenge the recommendations — preserve all records accordingly.
ic member
- Inform both parties of their right to appeal and the 90-day deadline.
- Preserve all inquiry records and evidence in case of appeal.
Compliance
File appeal within 90 days of the recommendations or order
Actor: Aggrieved person · Rule: Section 18, Proviso
Implement recommendations within 60 days to avoid non-implementation appeal
Actor: Employer / District Officer · Rule: Section 13(5) read with Section 18
Timelines
Appeal window: 90 days from recommendations or order
Any person aggrieved by the recommendations or non-implementation must file the appeal within 90 days.
Common Mistakes
Missing the 90-day appeal deadline — it is a hard statutory window, not a guideline.
Assuming only the respondent can appeal — the aggrieved woman and any aggrieved person can also appeal.
Not recognising that non-implementation of recommendations is itself a ground for appeal.
Filing the appeal in the wrong forum — it must go to the court or tribunal under applicable service rules or the prescribed mechanism.
Source & Status
This page contains temporary structural and explanatory content, not a verbatim reproduction of the Act.
Source: Ministry of Law and Justice, Government of India
Publication status: Temporary content pending separate legal verification