'Dismal State Of Affairs': Delhi High Court On Lack Of VC Hearing Infra At Central Govt Industrial Tribunal

The Delhi High Court has once again expressed its dismay over the lack of infrastructure to conduct virtual hearings at the Central Government Industrial Tribunal.

Observing that the status report filed by the Centre depicted a "dismal state of affairs" at the Tribunal, Justice Pratibha Singh said:

"Till date, the Cisco Webex licences and the high speed internet connection does not appear to have been obtained for enabling the smooth functioning of the CGIT. As per the status report, it is not clear if any funds have even been sanctioned for this purpose. There is also no clarity on as to when the licence provider of the Cisco Webex was contacted."

The Court had earlier said that the infrastructure ought to be upgraded to ensure that whenever CGIT reopens, the facilities required to conduct full-fledged online hearings are ready.

During the hearing for compliance, advocates appearing before the Tribunal and Labour Courts submitted that the Tribunal cater to the whole of North India and in the absence of a proper IT infrastructure, effective hearings were proving to be difficult. 

In view of this, the Court said:

"The status report does not show any urgency to enable the CGIT's functioning, with the required technical infrastructure. It has already been noted by this Court in previous orders that the CGIT is an important Tribunal which is required to function regularly, to cater to the interest and concerns of Workmen working with Government establishments."

Accordingly, the Court directed personal appearance of the Tribunal's Secretary and Secretary of Ministry of Labour and Employment on 21st November, 2021.

The Court also directed the Centre to ascertain as to whether a separate internet connection would be required for high speed internet including the number of licenses of Cisco Webex for the said exercise. 

The Court had earlier said that the infrastructure ought to be upgraded to ensure that whenever CGIT reopens, the facilities required to conduct full-fledged online hearings are ready.

The Court noted the submission that recently due to the indisposition of one of the Members of the Tribunal, the functioning has been slightly impeded.

The development came after the Court in July this year issued slew of directions in order to make the virtual hearing system in the Tribunal more efficient till the resumption of physical hearings.

"The CGIT is an important tribunal, dealing with claims relating to Workmen, who have been deeply affected during the COVID-19 pandemic. In the opinion of this court, for the expeditious and timely adjudication of the claims of Workmen, proceedings at the CGIT ought not to be adversely effected merely due to lack of proper infrastructure, as is seen from a perusal of the status report," the Court had said earlier.

Case Title: ABDUL MAJID AND ORS v. EMPLOYEES STATE INSURANCE CORPORATION AND ORS.

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