The Central government received flak from the Bombay High Court for failing to fill vacancies in the tribunals in the state.
A division bench of Chief Justice (CJ) Dipankar Datta and Justice VG Bisht, on Friday, expressed frustration over lackadaisical attitude of the central government over the vacant posts in tribunals like Central Government Industrial Tribunal (CGIT), Debt Recovery Appellate Tribunals (DRAT), etc. which causes hardship to litigants.
CJ Datta said: “Who is to provide officers to the tribunals? Look at the plight of the litigants. The situation in Central Government Industrial Tribunal is just like Debt Recovery Appellate Tribunals then.”
Due to Centre’s failure to fill up vacancies, the HC remarked that tribunals were rendered moot as litigants can’t avail remedy provided under the law. “Law provides a remedy and the remedy is rendered futile because of you (Centre). Why keep these tribunals?” asked CJ Datta.
The HC remarks came while hearing a petition filed by 131 housekeeping peons of the Canara Bank who had initially approached the CGIT over a dispute with the bank. The issue could not be heard there as the post of the presiding officer is lying vacant.
Meanwhile, five of these employees were terminated from service. Apprehending similar fate, the remaining 126 employees approached the HC seeking protection till the time the tribunal was made functional.
Additional Solicitor General Anil Singh informed the HC that the selection committee is in the process to appoint a suitable presiding officer. After going through the note submitted by Singh, CJ Datta remarked that there was no likelihood any appointment till July.
The Central government opposed the plea stating that the court may await the tribunal to start functioning.
However, the judges granted relief to the employees stating that the tribunal may not be functional till July. The Bank has been directed not to remove any 'casual housekeeping peons' from employment till the vacancy in CGIT is filled.
The order read: “131 workmen cannot be made to suffer because tribunal is non-functional. We entertain the petition and direct the Bank to not dispense with 126 workmen till end of July 2022, or until the tribunal resumes, whichever is earlier.”
Earlier, the HC has expressed displeasure at the manner of filling vacancies by the Central government. During a hearing in a petition concerning DRAT, the HC had remarked that the post of presiding officer had been lying vacant for a long time.
Besides, the judges have been displeased over the vacant posts in the high court and its benches which increases the burden on other judges.
The Supreme Court has repeatedly pulled up the central government for failing to fill up vacant posts in tribunals.
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