The Central Government Industrial Tribunal (CGIT), which hears individual and collective cases of industrial disputes, has remained headless in Karnataka for nearly three years now. This has resulted in the piling up of cases. It is estimated that over 600 industrial disputes and around 800 provident fund (PF) cases are pending with the tribunal.
Taking note of the vacancy of the presiding officer of the tribunal that has brought the activities to a standstill, the High Court of Karnataka recently warned the Central government that it would have to impose a cost of ₹10 lakh if there is no positive action on the appointment of the presiding officers to the CGIT in Bengaluru within the next three weeks.
Based on PIL plea
Based on a public interest litigation (PIL) petition filed by the Industrial Law Practitioners Forum, the order was issued by the High Court’s Division Bench comprising Chief Justice Prasanna B. Varale and Justice Krishna Dixit on October 25.
Among others, the CGIT hears collective disputes on wages, the charter of demand and bonus while individual cases include termination and dismissal. The post of the presiding officer has remained vacant since the previous presiding officer Justice Ratnakala demitted office on January 25, 2021. While there was an effort to appoint a presiding officer in August 2022, the selected candidate — a retired district judge — backed out after receiving the appointment order. In fact, the forum had written to the Union Ministry of Labour and Employment as early as December 2020 to initiate the process of appointment. The forum’s request to extend services of Justice Ratnakala till a new presiding officer was appointed was also not met with.
“The cases in the CGIT has piled up and old cases have not been disposed of for nearly the last three years. This is especially true of the industrial disputes. The presiding officer of the Hyderabad tribunal, who is in charge of Bengaluru, has been able to dispose of some PF cases,” forum secretary Murlidhara told The Hindu. He said: “Though cases can be filed now it is of no use. There has been no argument or recording of evidence. In fact, under provisions of law, industrial disputes have to be disposed of within six months from the date of reference.”
Not all can go to HC
He pointed out that while some PF matters can be appealed in the High Court, industrial disputes cannot be taken to the High Court. “Only employees of public sector undertaking and government institutions have the option of approaching the High Court. The rest of the cases have to go to the tribunal, which is now headless,” said K.B. Narayanswamy, who argued before the High Court.
The CGIT in Bengaluru has been functioning since January 1987, and till 2017, it was dealing only with industrial disputes raised by workmen or unions. In 2017, the presiding officer was also designated as the appellate authority under the Employees Provident Fund and Miscellaneous Provisions Act, 1952. “This has increased the workload in the tribunal. That is why in the interest of speedy justice, the tribunal has to function continuously,” Mr. Muralidhara added.
Not a first
This is not the first time that the High Court has intervened in the matter of the appointment of the presiding officer to the CGIT, Bengaluru. Since 2001, the vacant period till a new appointment has been made has been about one year. The Industrial Law Practitioners Forum has in the past filed PIL petitions in 2009, 2015, and 2018 seeking judicial intervention for the appointment of presiding officer.
