SCAORA Objects To Supreme Court's Decision To List Labour & Service Matters During Vacation

The Supreme Court Advocates-on-Record Association has taken objection to the latest decision taken by the Supreme Court to list service and labour matters during the vacation from June 25.

Expressing concerns about the Circular dated 20.06.2024 issued by the Supreme Court, the SCAORA has written a letter to the Secretary-General of the Supreme Court requesting to recall the said Circular.

In the letter, SCAORA through its Honorary Secretary Nikhil Jain stated that the decision to list service and labour law-related matters during the summer vacation has caused significant disruption and inconvenience to the legal community because as per the earlier Circular dated 17.05.2024, only matters in the Urgent Category, upon verification/registration of a case, were to be listed.

"A Notice dated 20.06.2024 has not been issued in continuation of the Notice dated 11.06.2024. This new notice directs all service matters and labour matters that have been verified till 20.06.2024 and are ready to be listed before the Vacation Benches w.e.f. 25.06.2024, in addition to fresh Bail Matters and the Transfer Petitions. This has led to a significant increase in the number of cases to be heard during the Summer Vacations, contrary to the initial understanding that only urgent matters would be listed.", the letter states.

According to SCAORA, such unprecedented change in the middle of the summer vacation has created a situation of extreme distress to all the members of the legal community, grappling with uncertainty as to how best to represent their clients.

The letter also pressed the plight of the bar members and Junior Colleagues/Registered Clerks, who have made prior arrangements for traveling to their respective places/hometowns, making their appearance before the Court either virtually or physically nearly impossible.

Pointing out the potential miscarriage of justice in the event when the members of the bar would not be able to represent their clients/litigants to the best of the abilities of the respective advocate, the SCAORA expressed concerns over the dismissal of the case on account of non-availability of the concerned Advocate-on-Record/Senior Advocates.

Calling it an extremely distressed situation for the members of the bar, the letter requested the Secretary-General to take an emergent step to assuage the concerns of all the stakeholders and to place the issue before the Chief Justice of India for appropriate directions.

The letter requested the Judges of the Supreme Court not pass an adverse order in the absence of the Advocates, and that the AOR may be allowed to send adjournment requests for the matters listed w.e.f. June 25 via email.