"No Adequate Infrastructure To Conduct VC Hearings": Delhi HC Issues Directions For Efficient Functioning Of Central Government Industrial Tribunal

Observing that the claims of workmen should not be adversely affected due to lack of infrastructure to hold virtual hearings in Central Government Industrial Tribunal, the Delhi High Court has issued slew of directions in order to make the virtual hearing system in the Tribunal more efficient till the resumption of physical hearings.

A single judge bench comprising of Justice Pratibha M Singh observed thus:

"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."

"Various other counsels who have appeared today and are regular practitioners before the CGIT, submit that proper internet facilities are not fully available at the CGIT, and the staff of the CGIT use personal hotspot facility from their own mobile phones, for conducting online hearings of the cases which are listed."

Directions Issued by Court

- The CGIT would procure the required number of Cisco Webex license/s, in order to enable it to conduct hearings throughout the working hours of the day, on a daily basis.

- High speed internet shall be immediately installed in the CGIT, through any of the established players, for the conduct of hearings through video conferencing on an online platform, so that issues or disruptions due to non-availability/improper internet connection, do not take place during the hearings.

- For any other assistance that would be required in terms of manpower, including stenographical assistance, the Presiding Officer, CGIT is permitted to take steps in accordance with the established procedure, and the Ministry of Labour and Employment shall provide all necessary cooperation in this regard.

- The Ministry of Labour and Employment has undertaken to make the necessary funds available urgently for provision of the infrastructure in the CGIT including procurement of Cisco WebeX licences, broadband highspeed internet as also other facilities which are necessary to conduct online hearings at the CGIT.

The Court also directed the Ministry of Labour and Employment or the relevant appointing authority to take expeditious steps to fill the vacancy of the Presiding Officer for second Bench of CGIT.

The Court was dealing with a petition filed by 33 Petitioners, who were working as maintenance staff in the ESI hospital. It was thus their grievance that on account of a new contractor being awarded the contract for providing maintenance staff, they were terminated from their services on 16th February, 2021.

The matter was thereafter referred to CGIT for adjudication, however, the same remained pending.

A status report was therefore filed by Centre stated that CGIT does not possess adequate infrastructure to conduct video conferencing/online hearings.

Observing that the petitioners deserve to be heard expeditiously as they are stated to be without a job, the Court granted last and final opportunity to the Respondents to file their written statement before the CGIT, on or before 10th August, 2021.

"Immediately upon receiving the written statement, the matter shall proceed in accordance with law. Since all counsels have also agreed for physical hearing in this matter, the CGIT would take up the matter through physical hearing/ VC hearing in consultation with the counsels, as per its convenience.However, the holding of VC hearings ought not to result in any impediment in expeditious disposal." The Court directed.

Furthermore, the Court directed that the matter shall be adjudicated by the CGIT in an expediated basis and the final award shall be passed on or before 30th September, 2021.

The matter was accordingly disposed of. However, the Court posted the matter for September 20 for the purpose of receiving the status report in respect of the upgradation of video conferencing facilities, as also in respect of the appointment of the second Presiding Officer in the CGIT bench.

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

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