26/08/2026
⚖️ Can an employer create its own Appellate Authority under the POSH framework?
The Bombay High Court says:
🚫 No.
⚖️ In Ashok Upadhyay v. Union Bank of India & Ors., the Court examined whether an employer could constitute its own appellate body to review an Internal Committee’s findings.
📌 The Court held that Section 18 read with Rule 11 of the POSH Act does not empower an employer to create its own Appellate Authority.
💡 The takeaway? Calling a committee an “Appellate Authority” does not give it statutory jurisdiction.
For organisations, POSH compliance isn't just about having an Internal Committee.
🏢 Every step before, during and after an inquiry must remain within the boundaries of the law.