9 Out of 22 Benches Vacant: Supreme Court Issues Notice On Plea Seeking Appointments To Central Government Industrial Tribunals
|The Supreme Court today issued a notice in the Public Interest Litigation seeking direction to the Union of India to expeditiously fill up the vacancies in the Central Government Industrial Tribunals (CGITs) cum Labour Courts and continuation of the tenure of the incumbent presiding officers till the fresh appointments.
The Bench of Chief Justice DY Chandrachud, Justice P.S. Narasimha and Justice Manoj Misra at the outset expressed surprise when they were apprised that 9 Benches of the CGITs are vacant. The Court in its order observed,"It is mentioned in the Writ Petition which is instituted by the Labour Law Association that as many as 9 out of 22 Benches in the Central Government Industrial Tribunal are vacant and 3 more will fall vacant in 2023. Issue Notice. Liberty to serve the Central agency in addition."
CJI Chandrachud further said that "I have a feeling that before the vacation, I have nominated a Judge of the Supreme Court to chair the selection panel for the CGIT. When it will come I will verify it as I should not speak with my memory, I make so many nominations." Senior Advocate Anil Kumar Sangal along with Advocate-on-Record Siddharth Sangal and Advocate Richa Mishra appeared for the Labour Law Association.
Senior Advocate Sangal requested the Court if the directions for the continuation of the presiding officers of the CGITs could be passed. "Would your lordships also direct for the continuation of the officers, they are retiring very soon within this season. One is going to retire on the 5th of July, the other one on the 8th of September and yet another on the 3rd of October", he submitted.
Noting that the retirement date of one of the presiding officers was of today, CJI remarked "Why did you come at the last moment? We will hear the other side." Accordingly, the Court directed the Additional Solicitor General Balbir Singh to assist the Court. "We will keep it on next Monday. We will pass the order allowing him to continue, we don't want to pass ex parte orders," said the Court and adjourned the matter.
The PIL highlighted that out of the 22 benches of the CGIT spread all over India 9 (Nine) benches of the CGIT are vacant. In fact, 3 (three) more CGIT benches are due to fall vacant in the present year (2023), which will then take the vacancy to 12 (twelve) benches out of the total 22. "As a result, thousands of cases of labour/workmen have been pending adjudication before the CGITs across India which is affecting not only the poor labour & workmen but even the institutions and their management and also the lawyers practising in the CGITs", read the plea.
It is further stated in the Petition that Ahmedabad CGIT was vacant since January 2015 and the appointment was made only in August 2022; Mumbai-Il CGIT was vacant since April 2015 and the appointment was made only in October 2022; Bhubaneswar CGIT was vacant since February 2015 and the appointment was made only in October 2022; Hyderabad CGIT was vacant since February 2015 and the appointment was made only in August 2022. The plea submitted that this goes to show the apathy towards the adjudication of industrial and other disputes and the dispensation of justice to the labour/workmen which comprises most of the working force in our Country.
The followings prayers are made in the PIL: "Issue an appropriate writ, order or direction, thereby directing the Respondent-Union of India to expeditiously fill up the vacancies of the presiding officers of the Central Government Industrial Tribunals cum Labour Courts; and Issue an appropriate writ, order or direction, thereby directing the Respondent-Union of India to frame appropriate guidelines that the new presiding officers of the Central Government Industrial Tribunals cum Labour Courts be selected and appointed in time prior to completion of the tenure of the incumbent presiding officers and/or continuation of incumbent presiding officers in CGIT till fresh/new appointments are made."
Cause Title: Labour Law Association v. Union of India [W.P.(C) No. 000562 - / 2023]