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2003 Supreme(Bom) 269

IN THE HIGH COURT OF BOMBAY
(NAGPUR BENCH)
Daga V.C. Kanade V.M., JJ.
Vidarbha Labour Law Practitioners Association .... Petitioner.
Versus
State of Maharashtra others.... Respondents.
Writ Petition No. 3131 of 1998, decided on 27-2-2003.
Advocates appeared :
A.R. Patil, for petitioner.
Bhushan Gawai, G.P., for respondent Nos. 1 to 7.

Headnote:Constitution of India - Article 235 - The Constitutional scheme u/Art. 235 vests complete control of subordinate judiciary in the High Court - Chapter VI of the Constitution provides procedures for effectively implementing this control, which must be complied with.

JUDGMENT - DAGA V.C., J.:---This petition is in the nature of public interest. The petitioner is an association, known as the Vidarbha Labour Law Practitioners Association, Nagpur ("the petitioner association" for short). The petitioner, association of the practising Lawyers, being interested in the administration of justice, has preferred this petition claiming locus standi to file the petition based on the law laid down by the Apex Court in (S.P. Gupte v. Union of India)1, 1981 (Supp.) S.C.C. 87, to seek adequate judiciary infrastructure for the Labour and Industrial Courts at Nagpur and in other parts of the region.

2. The factual matrix as stated in the petition reveal that even though the Labour and Industrial Courts are established long back, and building to house these forums, was constructed in the year 1988, but in the past 15 years, no attempt was made by the Public Works Department (PWD) of the State either to maintain the said building or to provide necessary infrastructure therein; so as to make essential facilities available to the member of the judiciary, bar and litigants. A serious complaint is made by the petitioner association that no adequate furniture; such as cupboards, racks, table and chairs have been provided to the ministerial staff working in the said courts and Tribunals. No waiting space or room is made available for the litigants to sit. The premises are not maintained in clean and good conditions. The toilets are stinking and are maintained in a very miserable condition. The petition also makes a complaint with regard to the various unfilled vacancies existing in the various Labour and Industrial Courts. The petitioner Association is, thus, seeking appropriate order and/or direction in the nature of writ of mandamus so as to compel the State Government to discharge its legal obligation by providing necessary judiciary infrastructure for Labour and Industrial Courts.

3. This petition was placed before this Court on number of occasions. The same was heard on a number of dates. Various directions were issued from time to time so as to provide temporary relief; to the courts, litigants, members of the legal fraternity and the ministerial staff working with the Labour and Industrial Courts. But grant of such temporary reliefs is not answer to the permanent problems brought to our notice.

4. At this juncture, it will not be out of place to mention that the judiciary has neither power of purse, nor the power of sword, neither money, nor patronage, not even physical force to enforce its decisions. Despite this, courts have by and large enjoyed high prestige and commanded great respect of the citizens of this country. This is because of the moral authority of the Courts and confidence reposed in them by the people of this nation. If the courts fail to deliver quick and quality justice, the confidence of the people of India, which this institution is enjoying, may erode. Absence of adequate administrative and judiciary infrastructure and other facilities have already affected the working culture and congenial atmosphere of the courts and caused damage to the quality and speed of the justice delivery system.

5. This is an age of rapid transition. Slow motion justice has no place. Speed is the hallmark of the new world order. Justice delivery system is craving for fast track movement. People today neither have time, nor capacity, nor patience for long wait. Such slow justice is anathema to the rule of law. Prolonged wait for justice sometimes manifests itself in recourse to extrajudicial remedies which strike at the very of law and justice. If the adequate number of Judge are not appointed, necessary infrastructure and/or other required facilities are not provided; the members of the judiciary and legal fraternity will not be able to discharge their duties efficiently and effectively. If the proper infrastructure and/or adequate facilities are not made available to the persons involved in the justice dispensing

































































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