HC raps Centre for failing to fill up vacancies in tribunals

Law provides a remedy and the remedy is rendered futile because of you (Centre)

The Central government drew flak from the Bombay High Court for failing to fill up vacant posts in the tribunals in Maharashtra.

A division bench of Chief Justice (CJ) Dipankar Datta and Justice VG Bisht, on Friday, expressed frustration over the lackadaisical attitude of the Central government over the vacant posts in tribunals like the Central Government Industrial Tribunal (CGIT) and Debt Recovery Appellate Tribunals (DRAT), causing hardship to litigants.

CJ Datta said, “Who is to provide officers to the tribunals? Look at the plight of the litigants.” He added, “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 of appointing a suitable presiding officer.

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. Meanwhile, the bank has been directed not to remove any ‘casual housekeeping peons’ till the vacancy in CGIT is filled.

Earlier, the HC has expressed displeasure at the manner of filling up 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.