Delhi HC issues directions for setting up necessary facilities at CGIT for the conduct of VC hearings for the expeditious and timely adjudication of the claims of Workmen

The Delhi High Court recently issued directions for setting up necessary facilities at Central Government Industrial Tribunal for the conduct of  Video Conferencing hearings through an online platform for expeditious and timely adjudication of the claims of the workmen.

The directions were issued by the single judge bench of Justice Pratibha M Singh while hearing a batch of petitions where the petitioners services had been terminated.

The Petitioners had made a representation on this issue, before the Ministry of Labour, and the matter was also referred to the Central Government Industrial Tribunal for adjudication. However, the matter continues to remain pending before the CGIT. 

Accordingly, the writ jurisdiction of the Court had been invoked by the Petitioners on the ground that there are exceptional circumstances considering the COVID-19 pandemic, and that all the 33 Petitioners have been terminated from their employment, which has adversely affected their livelihood.

The Court was informed that  the CGIT does not possess adequate infrastructure to conduct video conferencing/online hearings. Moreover  the CGIT only uses the free version of Cisco Webex, which has a limited use for only 50 minutes per day. Accordingly, hearings are not being able to be conducted for the whole day. It was further informed 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.

The Court accordingly passes the following directions:

1-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.

2.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.

3.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.

4.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 was further informed that informed that there are two benches of the CGIT which normally function in Delhi, i.e., CGIT-I and CGIT-II. However, only one Presiding Officer, Ms. Pranita Mahanti, has been working and the said Presiding Officer is holding hearings qua both these Benches.

Accordingly, the Ministry of Labour and Employment, or the relevant appointing authority, has been directed to take expeditious steps to fill the vacancy of the said Presiding Officer for second Bench of CGIT.

 

 

Case Title: Abdul Majid and Ors vs Employees State Insurance Corporation and Ors