Labour Court & Industrial Tribunal Working Together On Different Days In A Single Room: Allahabad High Court Seeks State's Response

The Bench of Justice J. J. Munir took note of the condition of the Labour Court, U.P., Gorakhpur as the Presiding Officer, Labour Court, U.P., Gorakhpur, submitted a report revealing "a very disturbing state of affairs about organization/function/infrastructure for dispensation of justice under the Industrial Disputes Act."

It may be noted that on Monday (07^th December) the Allahabad High Court had called for an explanation from the Presiding Officer, Labour Court, Gorakhpur as to why Adjudication in a matter was pending for the last 12 years.

In compliance with the said order, Dhirendra Pratap Singh, Presiding Officer, Labour Court, U.P., Gorakhpur, submitted his explanation/report dated 08^th December 2020.

In the said report, it was stated that about 1291 matters are under adjudication and that the Labour Court and the Industrial Tribunals together are functioning in a private house.

It was stated that they have a single courtroom and a single chamber to serve the Presiding Officers, Labour Court and the Industrial Tribunal, both.

It was also submitted that the Labour Court and the Industrial Tribunal sit in the same courtroom and so they can't work simultaneously and that is why the Labour Court was working for 3 days a week and the Industrial Tribunal was working for 2 days a week.

To this, the High Court said,

"These Courts and Tribunals have an indispensable role in maintaining industrial peace. For the adjudication of civil disputes, the establishment of regular Courts is distrusted both by the State and the Society at large on the ground that regular Courts rendered delayed justice. These Labour Courts are special Tribunals/Courts upon which the State and the Society both pin great hopes."

The Court further observed,

"In fact, there appears to a belief that the Special Court/Tribunals may be a solitary one, who take up functions of established courts of judicature would be able to do wonders."

Lastly, the Court directed the Principal Secretary, Ministry of Labour, U.P., Lucknow to submit a report within one week as to what steps can be taken immediately to remedy the situation for the Labour Court/Industrial Tribunals at Gorakhpur.

The Court directed that steps are to be clearly indicated that would restore the Labour Court/Industrial Tribunals at Gorakhpur to the normal functioning of the Court throughout the week.

Particularly, the Court said the almost non-existent infrastructure has to be immediately restored and suggestions in this regard must be reported to the Court.

The matter has been posted for further hearing on 17.12.2020.

Case title - Vashishth Rai v. State Of U.P. And 4 Others [WRIT - C No. - 21152 of 2020]

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