Address the complaint to the district Local Committee if the respondent is the employer within the POSH Act's definition. Section 6 gives that committee jurisdiction over complaints against the employer himself, even where a company has an Internal Committee. First establish the person's management role, because being a shareholder or senior employee alone does not settle the statutory definition. A respondent should not decide their own complaint.
Does owning the company automatically make this a Local Committee case?
Ownership is relevant, but the statutory role is what you must establish. Section 2(g) refers, for a private workplace, to the person responsible for its management, supervision and control. Its explanation includes the person, board or committee responsible for formulating and administering policies. Read that definition against the actual organisation, rather than relying on a job title.
For example, a founder who decides staffing, directs HR and controls workplace policy presents a different question from a small passive shareholder who works as a junior employee. Do not invent control you cannot evidence. Record who signed the appointment letter, who appoints the committee, who can discipline employees and what the company's own communications say about the respondent's authority.
What should I send to the District Officer?
Send the written complaint and a short jurisdiction note asking that it be placed before the Local Committee. Identify the workplace address and the respondent's management functions. Attach the committee constitution order if available, especially where it names the respondent as chair. A man cannot be the statutory Internal Committee's Presiding Officer in any event, since section 4 requires a senior woman. A woman respondent's presence would still raise the direct conflict.
A useful request is: "The complaint is against the person responsible for management and control of this workplace. I request registration before the Local Committee under section 6, acknowledgment of the filing date and information about the next step. The attached documents show the respondent's role." Keep the allegations themselves in a separate, dated statement so the jurisdiction argument does not obscure what happened.
Use the official District Officer or Local Committee contact verified for the workplace district. An internet directory, police women's desk and company HR mailbox are not interchangeable. If you submit through a designated nodal officer, section 6(2) provides for forwarding to the concerned Local Committee within seven days. Keep the receipt and follow up on actual forwarding.
What if I already sent it to the company's committee?
Preserve that email and request written acknowledgment of both the original receipt and the jurisdiction issue. Explain the earlier filing when approaching the Local Committee. Do not assume sending it to the wrong body automatically extends limitation or that a verbal promise to forward is enough.
Section 9 ordinarily allows three months from the incident or the last incident in a series. A further period of up to three months requires the committee's satisfaction that circumstances prevented filing and reasons recorded in writing. If timing may be disputed, explain the dates and request the necessary extension expressly. Do not rewrite the event date to avoid that question.
Can the company continue its own HR inquiry?
The employer may need to preserve evidence and address immediate workplace safety, but an internal process should not be used to displace the competent statutory committee. Tell both bodies about any parallel process and ask how records will be preserved and supplied. An HR interview is not automatically the statutory hearing.
Ask for concrete protection while jurisdiction is resolved: an alternative reporting contact, preservation of CCTV and work messages, and arrangements avoiding unnecessary private contact. Where immediate physical safety or a criminal allegation is involved, obtain appropriate assistance without waiting for HR to agree about committee jurisdiction.
What record should I have after the first week?
- A copy of the complaint with a clear date and incident chronology.
- Evidence of the respondent's management role and any committee conflict.
- Proof of submission to the verified authority and any forwarding acknowledgment.
- A preservation request identifying records likely to be lost.
- A separate written request for interim workplace arrangements.
Keep the circulation limited. Section 16 protects complaint and inquiry information, including identities and witnesses. A jurisdiction problem is not a reason to send the allegations to every customer or employee. The immediate goal is a competent, independent decision-maker with the correct file and a provable receipt date.
For the general route, see our POSH complaint guide. The employment and labour practice page covers the related employment issues.