10 Out Of 22 Benches Vacant: SC Directs Central Government To Fill Vacancies In Industrial Tribunals By 31 August
The Supreme Court on Monday disposed of a Public Interest Litigation that sought swift appointments to fill vacancies in the Central Government Industrial Tribunals (CGITs) cum Labour Courts in the Country and directed the Central Government to notify the appointments on or before 31 August 2023.
The Bench of Chief Justice D.Y. Chandrachud, Justice P.S. Narasimha and Justice Manoj Misra were at the outset informed by Additional Solicitor General Balbir Singh appearing for the Union of India that out of 22 tribunals 10 are vacant and interactions for appointing members had been completed in June. "Since we have already gone through the process of selection, and recommendation has taken place, I believe it should be done in 4 weeks", submitted the ASG.
On the other hand, appearing for the Petitioner, Labour Law Association, Senior Advocate Anil Kumar Sangal along with Advocate-on-Record Siddharth Sangal and Advocate Richa Mishra requested the Court to direct that until any appointment is made, no officer may retire. They further requested the Court to consider the continuation of the officer who had retired on July 5, 2023.
Considering the statement made by the ASG, the Bench remarked that they will order that the appointments be made in 4 weeks. The Bench also observed that no such direction for the continuation needs to be made as no member is retiring in the next 4 weeks.
Accordingly, the Court in its order noted"The Search-cum-Selection Committee chaired by a Judge of this Court nominated by the Chief Justice of India was constituted by a notification issued by the Ministry of Labour and Employment on 6 March 2023. The SCSC has carried out the selection process and has made nine recommendations on 26 and 27 June 2023. The Union government has carried out a further process for effectuating appointments in terms of the recommendations made by the SCSC."
The Court further noted that "Mr Balbir Singh, Additional Solicitor General, has tendered a note in that behalf indicating the steps which have been taken. In the submissions of the Additional Solicitor General, it is anticipated that the process would be completed within a period of four weeks. We direct the Union government to complete the process and notify the appointments on or before 31 August 2023."
The Bench also granted the liberty to the Petitioners to move to the Court in case of any difficulty. The Court noted "The petition is accordingly disposed of, at this stage. Liberty to apply in the event of any difficulty."
The PIL by the Labour Law Association 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 was 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.
Cause Title: Labour Law Association v. Union of India [W.P.(C) No. 000562 - / 2023]
