Top 5 Mistakes Kerala Companies Make During POSH Inquiries

Why most POSH inquiries in Kerala fail at the appellate stage

Across the past five years, a striking pattern has emerged in Kerala's POSH appeals — most IC reports get set aside not because the conclusion was wrong, but because the inquiry was procedurally unfair. When the respondent appeals to the Appellate Authority or the labour court, the case is decided on the process, not the merits.

Here are the five mistakes we see most often in Kochi, Trivandrum and Kozhikode workplaces.

Mistake 1 — Skipping the principles of natural justice

The single biggest failure. ICs jump straight from receiving a complaint to confronting the respondent without:

• Sharing a written copy of the complaint with the respondent
• Giving the respondent at least 10 working days to file a written reply
• Allowing cross-examination of the complainant and witnesses
• Permitting the respondent to present their own witnesses

Skipping any of these makes the entire inquiry void. Always document each step in writing.

Mistake 2 — Conducting inquiry beyond the 90-day limit

Section 11(4) of the Act mandates that the inquiry must be completed within 90 days from the date the complaint is taken on file. Many Kerala ICs drag this to 4–6 months citing witness availability, and the report becomes vulnerable to challenge.

If genuinely needed, record the reason for each adjournment in writing, and try to close within 90 days — extensions are not provided for in the Act.

Mistake 3 — Failing to maintain a verbatim record

ICs often write "summary minutes" of depositions instead of a near-verbatim record. In an appeal, the absence of a verbatim record makes it impossible to defend the IC's findings. Use:

• A dedicated deposition register
• Each statement signed by the deponent at the bottom of every page
• An audio backup (with consent) for complex testimony
• Witness identification noted with employee ID + designation

Mistake 4 — Imbalanced IC composition during the hearing

For every sitting:

• At least 3 members including the Presiding Officer must be present
• The External Member must attend a majority of the hearings — including the final one
• The gender ratio (50% women minimum) must hold for every sitting

We have seen Kochi cases set aside because the External Member attended only the first sitting and signed the report on email — that does not satisfy Section 11.

Mistake 5 — Vague or excessive recommendations

Section 13(3) gives the IC power to recommend:

• Action under service rules (warning, suspension, termination)
• Deduction of compensation from salary (with formula and amount)
• Other action the IC deems fit

But the recommendation must be specific and proportionate. ICs often write "appropriate disciplinary action" — appellate authorities reject this as non-speaking. Spell out the exact action, the rule under which it is taken, and the quantum.

Bonus mistake — Ignoring the Annual Report

Even after the inquiry is closed, many Kerala employers forget to file the case in the Annual Report by 31 January. The Act treats this as a separate violation — fineable independently.

How to inquiry-proof your IC

• Use a written checklist for every step, signed by the Presiding Officer
• Pre-format your complaint, response, witness summons templates
• Schedule all 6–8 sittings upfront within 90 days
• Send every written communication via email + signed letter
• Get the IC trained every 12 months by an empanelled trainer

Need help fixing past mistakes?

The FIO Foundation POSH Bootcamp includes a live "Inquiry Audit" module where we review one closed case from your IC and identify exactly which mistakes can be cured before any potential appeal.