‘Sorry state of affairs’: Delhi High Court raises concern over pending labour matters | Delhi News – DollarJob

‘Sorry state of affairs’: Delhi High Court raises concern over pending labour matters | Delhi News

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The Delhi High Court has recently expressed concern over the long pending labour matters, calling it a “sorry state of affairs” in the constitutional courts where the “poor labourers are forced to fight tooth and nail to get justice for themselves”.

The observation came in a plea moved by Vallabhbhai Patel Chest Institute, challenging a 2002 order passed by the labour court in favour of a pump operator (a casual and daily wager) working in the hospital since 1985. He had approached the labour court after the hospital terminated his services. The hospital had also challenged an award of Rs 3,03,554 passed in favour of the workman.

While dismissing the hospital’s plea, a single-judge bench of Justice Chandra Dhari Singh, in its February 1 order, observed, “In the instant case, the impugned award directing the reinstatement along with the back wages was passed by the learned Labour Court on 29th July, 2002 and the same was challenged by way of filing the instant petition in the year 2003. This Court has also perused the order sheets of the instant writ petition since the year 2003 till today and it is found that the matter has been listed 39 times, however, no decision has been taken till today”.

It further said, “The instant case took more than two decades to reach to a conclusion and the said prolonged delay has left the litigant/poor worker in a state of profound uncertainty. The ramifications of such delay are immense as the same leads to loss of faith in the legal system and the poor litigants find themselves trapped in a never ending cycle of waiting for justice”.

Justice Singh said that despite no irregularity with the award, the “poor workman” has endured the legal process for the past 21 years. The high court said that this inordinate delay shows the “judiciary’s efficacy in catering to the needs of the less privileged seems to have faltered”.

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Justice Singh further underscored that it is “high time” that the constitutional courts step up in giving speedy justice to the citizens as “swift and efficient justice” is not only the fundamental right of the citizens of this country but also one of the “cornerstones of a thriving democracy”.

The high court further perused through the relevant material facts and records and observed that the same made it clear that the Labour Court did not commit an error in law, instead had relied upon the settled position of law regarding the issues before it and, therefore, held the dispute in favor of the workman.



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