The Counsel humbly submits that the present writ petition is maintainable.

The reasoning for

following statement is as follows:

a) In the case of Whirlpool Corporation v. Registrar of Trade Marks(AIR 1999 SC 22) the
supreme court held that Art.226 is not denied when the relief is sought in case of
infringement of fundamental right, and in this case also Mrs. Seo-Jun Fundamental Right
is violated i.e. Right to Life and liberty, Right to Privacy and Gender Equality.
Also in a similar case Himmat Lal v. State of Madhya Pradesh(AIR 1954 SC 403) the
High court held that the existence of an adequate alternative legal remedy is not a bar to
the invocation of the High Court’s Jurisdiction under Article 226 when relief is sought in
a case of Infringement of a Fundamental right.

b) The composition of ICC setup by the corporation is not as per the as per section 4 of the
Posh act due to the following reasons:-

1) ½ Members of the ICC should be female which is not there in R.I.A.L.

{ICC composition should be 50 percent female and in this case the corporation has not
set up 50 percent female in the ICC Panel so the ICC is not only set up according to
section 4 of the posh act}.
2) There is no woman presiding officer present in the Internal Complain committee.
3) The only dispute dispute-resolution woman present in ICC was a distant relative of
Sameer Walia who is the accused and also the Managing director of the company.

Why should Mrs. Seo Jun believe in an Internal complain Committee which is not as per the
Law only and also It is Humbly submitted in the court that the Petitioner was abruptly
terminated from her job without giving a 30 days prior notice and the only reason stated to
her about her termination was that the quality of her work has deteriorated so it was the
question of her survival and she cannot wait for ICC to begin its investigation and then file
its report and then finally there would be some action.

The court should not outwardly reject the petition, the court could direct the petitioner from
where she can get relief and justice.

When a woman comes to court in a sexual harassment case there is already a lot of suffering
she must have gone through that’s why she has come to the court irrespective of following
the due procedure, and mrs seo jun has a apprehension that the decision of the ICC would be
biased because the case is against The M.D. of the corporation also the composition of ICC is
not as per the proper guidelines, moreover the only external dispute resolution woman in the
ICC is a distant relative of Mr. Sameer Walia.

4) The only dispute dispute-resolution woman present in ICC was a distant relative of Sameer
Walia who is the accused and also the Managing director of the company.