IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Abdul Majid - Appellant
Versus
Employees State Insurance Corporation - Respondent
W.P.(C) 3040 of 2021
Decided On : 25-10-2021
| Table of Content |
|---|
| 1. hearing about cgit's functional improvements. (Para 3 , 4) |
| 2. status report on cgit infrastructural updates. (Para 5 , 6) |
| 3. current status and future plans for cgit. (Para 7 , 8) |
| 4. court's directives and future hearings. (Para 9 , 10 , 11) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. In paragraph 7 of the order dated 21st October, 2021, the date is wrongly mentioned as 21st November, 2021. The correct date in the matter is of today, i.e., 25th October, 2021, as recorded in paragraph 9. Accordingly, the said date be read as 25th October 2021.
3. This Court has been hearing this matter in respect of upgradation of video conferencing facilities at the Central Government Industrial Tribunal ("CGIT") and in respect of appointment of the second Presiding Officer in the CGIT bench, for its smooth functioning. Vide the last order dated 21st October 2021, this Court had directed the Secretary, CGIT and Mr. Satish Chander, Under Secretary, Ministry of Labour and Employment to be present in Court on the next date. This Court had also directed Mr. Anil Soni, ld. CGSC, to ascertain as to whether a separate internet connection would be required for high speed internet at the CGIT, and how many licenses of Cisco Webex would be required.
4. Pursuant to the last order, Mr. Satish Chander, Under Secretary, Ministry of Labour and Employment, and Mr. Sunil Sherawat, Secretary, CGIT, have appeared today.
5. Mr. Anil Soni, ld. CGSC, at the outset, points out that the status report which was placed by him on the last date before the Court was slightly outdated. There is a fresh status report, which has been filed by the Presiding Officer, CGIT/Labour Court-I -Ms. Pranita Mohanti, dated 7th October 2021, that has been placed on record. Mr. Soni relies upon the said report to submit that the required FTTH connections and Cisco Webex licenses have been obtained.
6. A perusal of the status report dated 7th October 2021, shows that appropriate manpower and infrastructure have been made available in the CGIT for conduct of regular online hearings. The said report reads as under:
"Subject:-Status report/action taken report on behalf of CGIT-cum-LC No.1 Delhi.
Reference:-Order dated 28/09/2021 in WP(C) 3040/2021 in the matter of Abdul Majid and others vs. RSIC and others-regarding.
Sir,
With reference to the above sited subject and the order passed by the Hon'ble Delhi High Court, it is humbly submitted that in compliance of the order dated 28/07/2021, the Respondent i.e. Secretary, Ministry of Labour and Employment had forwarded the status report/written statement to CGSE vide Letter No. Z-21021/10/2021-CLS-II dated 27/08/2021. Copy of the same is enclosed. Further, it is humbly informed this tribunal has secured three CISCO WEBEX meeting software for conducting online hearing.
1. The online hearings in respect of industrial dispute matters as well as EPF appeals are being conducted regularly and the cause list to that effect are being uploaded on the website cgit.labour.govt.in.
2. This tribunal has secured two FTTH internet connections for the use of each Presiding Officer having minimum speed of 500 mbps.
3. The Ministry of Labour and Employment, Government of India has accorded permission to engage two out sourced staff comprising of one data entry operator and one stenographer for each CGIT and the tribunal has engaged them with effect from Oct, 2021.
4. The Ld. Presiding Officer CGIT has been provided with an all in one Computer system with latest configuration along with Scanner and MDF. The process of up gradation of other computer systems and peripherals is ongoing."
7. Mr. Satish Chander and Mr. Sunil Sherawat have appraised the Court of the current position at the CGIT. According to Mr. Chander, apart from the infrastructural facilities which have been provided, constitution of a Search & Selection Committee for the members of the CGIT is also under process, and the same s
The court mandates improvements in tribunal infrastructure and timely appointments to facilitate effective case management, emphasizing the importance of operational efficiency.
Workers' rights must be protected, especially during contractual transitions, and timely adjudication of claims in labor disputes is critical, particularly in pandemic conditions.
Non-compliance with court orders can lead to further directions and requirements for explanation.
The court underscored the necessity for timely online access to CGIT proceedings, highlighting accountability and the need for transparency in managing labor disputes.
Court mandated assessment and enhancement of IT infrastructure to enable effective video conferencing for tribunal hearings, recognizing the need for operational integrity during the pandemic.
The court adjourned the hearing of multiple connected writ petitions involving technical education institutions due to the unavailability of one of the presiding judges on the scheduled date.
The use of technology by the Bar and the Bench is no longer an option but a necessity, and access to courts must not be restricted based on technology usage.
Covid-19 - Pandemic - Streamlining process of virtual hearing and restraining personal/physical hearing - Circular restarting of physical hearing of District Court and also from its subsequently havi....
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