Centre Can't Act As Silent Spectator: Karnataka HC Grants 2 Weeks To Appoint Presiding Officer To Industrial Tribunal Cum Labour Court

The Karnataka High Court on Wednesday granted two weeks time to the Centre to decide on the appointment of a Presiding Officer to the Central Government Industrial Tribunal cum Labour Court, Bengaluru, which has been lying vacant since 27.01.2021.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit acceded to the request made by the government counsel for additional time to submit a status report while expressing its displeasure with the government's handling of the matter. 

“Status report only indicates that the matter is pending before the government..it is nothing but an eyewash to this court and the approach of the respondent can only be an approach to be happy with running/riding paper horses instead of considering the issue with due seriousness attached to it.”

It added, 

“As such we grant two weeks time to the respondent and expect a posititve outcome on the next date, the failure would lead to the respondent depositing a cost of Rs 10 lakh in this court.”

The observations were made by the court while hearing a public interest litigation filed by the Industrial Law Practitioners Forum, which sought a court order directing the Secretary of the Government of India, Ministry of Labour and Employment, to expeditiously fill the vacant post of Presiding Officer.

Previously, the petition had been disposed of on August 23, 2022, with an observation that the government had appointed a Presiding Officer. However, the respondent's legal counsel informed the court that although an appointment had been made on August 18, 2022, the appointee had failed to report for duty.

As a result, the process of selecting a new individual was initiated, and a selection committee had recommended certain names. These names were pending approval by the appointment committee of the cabinet.

In response, the court noted,

"Thus, the fact remains that to date, there is no person holding the position of Presiding Officer at the CGIT cum Labour Court in Bengaluru for nearly three years. Such an inordinate delay in the placement or appointment of judicial or quasi-judicial forums certainly deprives litigants of access to justice, and the motto 'Nyay Sabkeliyen' remains a dream for one section of litigants."

The court emphasized that the central government could not remain passive in such matters. 

“The central government cannot act as a silent spectator in such matters.”

Accordingly, it adjourned the matter for further hearing after two weeks.

Case Title: Industrial Law Practitioners Forum And The Secretary

Case No: WP 12684/2021