Pooja Saroj v. Ministry Of Labour And Employment Govt. Of India And ORS

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2595/2022 & CM APPL. 7415/2022 POOJA SAROJ ..... Petitioner Through:

Mr.Kamlesh K.Mishra, Mr.Dipak Raj, Ms.Samishti Solomon and Mr.Anjani K. Mishra, Advocates versus MINISTRY OF LABOUR AND EMPLOYMENT GOVT. OF INDIA AND ORS ..... Respondents Through:

Mr.Sameer Vashisht, ASC (C) for GNCTD with Mr.Aman Singh Bhadoria and Ms.Harshita Nathrani, Advocates Mr.Ajay Digpaul, CGSC for UOI with Mr.Kamal Digpaul and Ms.Ishita Pathak, Advocates for UOI

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 18.01.2024 1.

The instant writ petition under Articles 226 and 227 of the Constitution of India has been filed on behalf of petitioner seeking the following reliefs:- "V. Pass an order directing early disposal of the DID No. 123/2021/1964 titled as Pooja Saroj v/s ICICI Bank & ors. pending before the CGIT within a period of 30 days or within such period of time that this Hon'ble court deems fit. VI. Pass an order directing the respondents to reinstate the services of the petitioner because she has been terminated in violation of section 33 of the Industrial Disputes Act. VII. Pass an order directing the respondent state Authorities to ensure that the CGIT's cum Labor Courts as well as the Delhi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

State Government Industrial Tribunals/courts and other labor Authorities are integrated with the national Judicial Data Grid and the ecourts projects in a time framed manner. VIII. Pass an order directing the respondent state Authorities to ensure that the vacancies if any in the CGIT's are filled up and number of the Labor Courts are increased in Delhi as envisaged in the Zero Pendency Courts projects , final report on the Pilot project by the High Court of Delhi as well as other reports so as to ensure early and timely disposal of the labor disputes in Delhi.

IX. Pass an order directing the respondents to entertain the complaints/representations made by the petitioner and pass a speaking order on the same after granting an opportunity of hearing to the petitioner.

X. Pass any such directions or order that this Hon'ble court deems fit and proper in the facts and circumstances of the above mentioned case."

2.

The Predecessor Bench of this Court vide order dated 19th July 2022 held that the instant writ petition in terms of prayer nos.(i) and (ii), has been settled vide the Settlement Agreement dated 5th April 2022 and the same has also been placed on record. Hence, the instant writ petition w.r.t. prayer nos.(i) and (ii) was disposed of.

3.

Moreover, with regards to prayer no. (iv), the respondent no. 1 and 3 filed a status report before this Court and submitted that the appointment in the Central Government Industrial Tribunal-cum-Labour Courts (hereinafter CGIT) as prayed for by the petitioner is underway. Hence, the instant writ petition w.r.t. prayer no. (iv) was also disposed of. 4.

The Registrar General of this Court was directed to file status report regarding prayer No. (iii), hence the present writ petition is pending with only with respect to prayer No. (iii) only.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Pursuant to the direction issued vide order dated 19th July 2022, the Registrar General of this Court filed status report dated 23rd September 2022. The relevant portion of the aforesaid status report has been reproduced herein below:

"With reference to your goodselfs email dated 23.09.2022 and in response to the Prayer as at (Hi) of the order dated 19.07.2022, I have been directed to inform that the Presiding Officer Labour Courts and the Presiding Officer Industrial Tribunal Courts are functioning from Rouse Avenue Court Complex and data in respect of these Courts viz. CNR Number, Case Status, Court Orders, Cause Lists, etc. are integrated and can be accessed through ecourts.gov. in website provided under the ecourts Project/ National Judicial Data Grid (NJDG).

Relevant screenshots have been annexed herewith for demonstrating the same.

Further, with regards to CGIT, it is submitted that being a separate institution the data is neither maintained nor updated on ecourts.gov. in National Judicial Data Grid by the Delhi District Courts.

This is for your kind information and necessary action." 6.

As per the aforesaid status report, the data in respect of the Labour Courts as well as Industrial Tribunals by way of CNR Number, Case Status, Court Orders, Cause Lists, etc. are integrated and can be accessed through ecourts.gov.in website provided under the e-courts Project/ National Judicial Data Grid. However, with regards to CGIT it was stated that CGIT is a separate institution and the data of the same neither maintained nor updated on ecourts.gov.in National Judicial Data Grid by the Delhi District Courts. 7.

Furthermore with regards to CGIT, the Registrar General of CGIT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

filed on record status report dated 26th August 2022. The relevant portion of the aforesaid status report has been reproduced herein below: "That in response to said O.M. dated 03.08.2022, the Department of Justice vide D.O. letter dated 26.08.2022, has intimated the respondent/MoLE that they are implementing the e-Courts Mission Mode Project which is a national eGovernance project for Information and Communication Technology (ICT) enablement of the courts in the country. The Department of Justice have further informed that the policy framework including planning and strategy for implementation of the e-Courts Project is done in close coordination with the e Committee of the Supreme Court which is chaired by the Hon'ble Judge of the Supreme Court of India.

Accordingly, Department of Justice have forwarded Ministry of Labour and Employment's O.M. dated 03.08.2022 regarding Integration of CGIT cum-LC with National Judicial Data Grid and e-Courts Project to e-Committee of Supreme Court of India by email dated 25.08.2022 for necessary action. In this regard, a copy of letter D.O. No. 15012/09/2022-eCourts dated 26.08.2022 issued by the Dept, of Justice is annexed as ANNEXURE-A. Ministry of Labour and Employment has also vide D.O. letter No.

Z21021/09/2022-CLS-II dated 11.10.2022 and subsequent reminder dated 13.02.2023 has requested eCommittee of the Supreme Court of India to expedite the matter of integration of Central Government Industrial Tribunals and State govt. Industrial Tribunals with the National Judicial Data Grid and the e-Court projects. It is further submitted that the response from e-Committee of Supreme Court of India is still awaited.

5. That as far as prayer (iv) of the petition regarding filling up the vacancies in the CGIT's, is concerned, the answering respondent/MoLE respectfully submits that at present posts of Presiding Officer in CGIT-cum-LC No.1& 11, Delhi have been filled up, as under: - The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

The Registrar General of the CGIT vide its aforesaid status report stated that the Department of Justice intimated the respondent no.1,Ministry of Labour and Employment vide D.O letter dated 26th August 2022 and in the process of integrating CGITs as well as State Government Industrial Tribunal with the National Judicial Data Grid and the e- Courts projects has been initiated. However, the response from E- Committee of the Supreme Court is still pending.

9.

Moreover, by way of prayer (iv) of the instant petition, the petitioner prayed for filling up of the vacancies in CGIT. The respondent no.1 has complied with the same. Accordingly, Presiding Officer in CGIT-cum-LC no. l and 11, Delhi have been appointed.

10.

There are numerous barriers which affect access to justice such as financial limitation, limited legal knowledge, as well as constraints with regards to geography, language and culture. To establish a fair and inclusive justice system, it is crucial to overcome such barriers and ensure that litigants have access to the Court's data in terms of its orders, cause list, etc. 11.

This Court observes that there is a dire need to create a digital infrastructure which is accessible to all the litigants. It shall ensure that the litigants have access to all the orders passed by the Court. It helps in the management and processing of the cases as well as ensures that there is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

transparency in the judicial process.

12.

Litigants can now check the status of their cases online and need not approach the Courts for same. It further benefits the litigants since it provides retrieval of data stored with the Court. Moreover, the userinterface for accessing Court orders is user- friendly and the litigants by merely filling in the requisite information such as CNR Number, Case Status, Court Orders, Cause Lists, etc can easily access Court data. 13.

Such accessibility of the Labour Court as well as Industrial Tribunal is a laudable effort of the Registrar General of this Court in ensuring that there is digital access to Court Order, Cause List , etc to the litigants. It is directed that the e-Committee of Supreme Court of India shall take the necessary steps to ensure that the process of integrating CGITs as well as State Government Industrial Tribunal with the National Judicial Data Grid and the e- Courts projects shall be done as expediously as possible. 14.

Moreover, the appointment of CGIT on the vacant positions is another great step which shall ensure that there can be increase in disposal rate of the cases henceforth, leading to reduction in the pendency in the CGIT.

15.

Hence, the prayer as sought by the petitioner has been duly granted to her. In view of the aforesaid status reports placed on record by the respondents, nothing survives in the instant petition. 16.

Accordingly, the instant petition stands disposed of. CHANDRA DHARI SINGH, J JANUARY 18, 2024 dy/db Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.