Synopsis

The petitioner, a woman employed by a manpower agency (respondent no.2) and deployed at AIIMS Trauma Centre (respondent no.1), alleged that a co-employee sexually harassed her at a public bus stand at 1:45 PM. She was not on duty at that time (duty commenced at 2:00 PM) and was on a personal errand to collect medicines. She filed a police complaint and later a private complaint before a magistrate. Her employer terminated her services, terming the incident a “roadside scuffle.” She filed a writ petition seeking a mandamus to direct AIIMS to constitute an Internal Complaints Committee under the POSH Act to inquire into her complaint. The High Court dismissed the petition, holding that the alleged incident did not occur at the “workplace” as defined under the POSH Act, because (i) the petitioner was not on duty, (ii) she was on a personal errand, (iii) the bus stand had no proximity to the workplace, (iv) the employer exercised no control over a public bus stand, and (v) there was no employer-employee relationship at the time and place of the incident.

Court: High Court of Delhi at New Delhi

Coram: Hon’ble Mr. Justice Purushaindra Kumar Kaurav (Single Judge)

Date of Judgment: 29th April 2026

Citation: W.P.(C) 4562/2023 (unreported)

Core Law: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) – Sections 2(o) (definition of workplace), 4 (constitution of Internal Complaints Committee); Constitution of India, 1950 – Article 226 (writ of mandamus).

1. Heading of the judgment

High court of delhi at new delhi

Writ petition (civil) no. 4562 of 2023

Ms. sunita (petitioner) vs. Jai prakash narayan apex trauma centre aiims & anr. (respondents)

Coram: hon’ble mr. justice purushaindra kumar kaurav

Date of decision: 29th april, 2026

2. Legal framework

Major laws and provisions involved:

• Sexual harassment of women at workplace (prevention, prohibition and redressal) act, 2013 (posh act) – section 2(o) (definition of “workplace”), section 4 (internal complaints committee), section 19 (duties of employer)

• Constitution of india, 1950 – article 226 (writ of mandamus)

• Indian penal code, 1860 – sections 354, 509 (sexual harassment and outraging modesty)

Subject matter of the judgment:

Whether a writ of mandamus can be issued to an employer to constitute an internal complaints committee under the posh act to inquire into an alleged sex

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