Bombay High Court
Federation Of The Labour Law ... vs State Of Maharashtra And Ors on 13 June, 2017
Bench: A.S. Oka
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1827 OF 2013
Federation of the Labour Law Practitioners'
Associations Maharashtra and another. .. Petitioners
Vs
State of Maharashtra and others. .. Respondents
-
Shri Dushyant Kumar along with Shri Rahul D. Oak i/b Shri A.P.
Wachasunder & Shri Rahul Oka for the Petitioners.
Shri Rohit Deo, Advocate General along with Shri P.M. Palshikar, Special
Counsel for the Respondent Nos.1 and 5 State.
Shri S.R. Nargokar for the Respondent Nos.3 and 4.
-
CORAM : A.S. OKA &
SMT.ANUJA PRABHUDESSAI, JJ
DATE ON WHICH SUBMISSIONS WERE HEARD : 22ND DECEMBER 2016
DATE ON WHICH JUDGMENT IS PRONOUNCED: 13TH JUNE 2017
JUDGMENT ( PER A.S. OKA, J )
1. The present Petition is filed by the Federation of the Labour
Law Practitioners' Association of Maharashtra for inviting attention of
this Court to various issues concerning Labour Courts and Industrial
Courts in the State and infrastructure provided to the said Courts in the
State. The learned counsel appearing for the Petitioners at the outset
stated that now only the prayer clauses (iii) and (v) survive for
consideration which read thus:-
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"(iii) Direct the respondents to appoint appropriate
committee to examine the conditions and other
infrastructure of the Labour and Industrial Courts
and its accommodation in the Government
Buildings wherever Labour and Industrial Court
are located in the State in the interest of justice;
(v) Direct respondents to consider the representations
submitted by the Labour law Practitioners
Association Akola, Buldana and Kolhapur
EXHIBITS-P".
2. We have heard the learned counsel appearing for the
Petitioners on various issues concerning infrastructure of the Labour
and Industrial Courts in the State. In terms of the directions issued on
25th November 2016, an affidavit of Shri Ganesh Shamrao Sonawane,
the Deputy Secretary of the Government of Maharashtra, Industries,
Energy and Labour Department, dated 17 th December 2016 is tendered
across the bar. A copy of the Circular dated 3 rd June 1977 is also
tendered across the bar by which the Government has laid down the
norms for the premises for Industrial Courts and Labour Courts. We
have also heard the learned Advocate General appearing for the State.
3. The affidavit of Shri Ganesh Shamrao Sonawane records
that there are 36 Industrial Courts in the State of Maharashtra situated
in 20 Districts and 49 Labour Courts are situated in 29 Districts. The
said affidavit also records the details of the Industrial and Labour
Courts functioning in the Government buildings/premises and the
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Industrial Courts and Labour Courts functioning in private premises on
rental basis. The said information regarding infrastructure provided in
the said affidavit reads thus:-
"Industrial Courts and Labour Courts functioning in
the Government Building/Premises.
Sr.No. District No.of Area (Sq.Ft.)
Courts
1 Mumbai 20 31234
2. Thane 7 10639
3. Kolhapur 4 10041
4. Aurangabad 3 6000
5. Jalna 2 4361
6. Nagpur 9 32412
7. Yawatmal 2 5100
8. Chandrapur 2 12412
9. Vardha 1 1649
Industrial Courts and Labour Courts functioning in
the Private Premises on Rental Basis.
Sr.No. District No.of Area (Sq.Ft.)
Courts
1. Pune 6 13968
2. Nashik 3 7362
3. Solapur 2 5500
4. Sangli 2 4361
5. Satara 2 4535
6. Bhandara 2 5630
7. Akola 2 6540
8. Amravati 2 5136
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9. Buldhana 1 2100
10. Gondiya 1 2400
11. Dhule 2 4080
12. Ahmednagar 3 12597
13. Latur 2 5070
14. Jalgaon 2 3800
15. Nanded 1 2200
16. Mahad 1 2010
17. Ratnagiri 1 2013"
4. In the case of State of Maharashtra Vs. Labour Law
Practitioners' Association and Others1, the Apex Court held that the
Industrial Courts and Labour Courts decide disputes which are of civil
nature and they perform judicial functions. Their duty and function is to
dispense justice to a common man.
5. As far as the infrastructure of Courts is concerned, recently
a Division Bench of this Court to which one of us (A.S.Oka, J) is a party,
delivered a Judgment and Order dated 5 th May 2017 in Public Interest
Litigation No.156 of 2011 and other connected Writ Petitions/PILs. As
observed in the said Judgment and Order, the principles laid down
therein are applicable to the Industrial and Labour Courts as well. The
Clauses (A) to (D) of the operative part of the said Judgment and Order
read thus:-
1 (1998)2 SCC 688
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"A] We hold that:
(a) It is the constitutional obligation of the State
Government to provide lands and/or adequate
premises for establishing adequate number of
Courts;
(b) It is an obligation of the State Government to
appoint sufficient number of Judicial officers
consistent with pendency and filing in the
concerned Courts and Tribunals. The cadre
strength should be such that there will be no
pendency of old cases;
(c) It is the obligation of the State Government to
provide all necessary infrastructure to the newly
established as well as the existing Courts and
Tribunals for the benefit of the Judicial Officers,
litigants, members of the staff as well as
members of the Bar;
(d) The infrastructure has to be provided in such a
manner that the Courts are able to function
efficiently;
(e) The infrastructure has to be consistent with the
concept of dignity of the Court;
(f) Speedy disposal of cases in consonance with the
mandate of Article 39A of the Constitution of
India cannot be achieved unless adequate
number of Courts and Tribunals are established
and adequate and proper infrastructure is
provided to all the Court premises;
(g) Financial constraints is no ground to deny
permission for establishing new Courts and
denying essential infrastructure to all the Courts,
whether existing or new.
These principles will apply to all Civil and
Criminal Courts in the State, Co-operative Courts and
Maharashtra State Co-operative Appellate Court, State
Commission and District Forum under the Consumer
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Protection Act, 1986, the Motor Accidents Claims
Tribunals under the Motor Vehicles Act,1988 as well as
Labour and Industrial Court;
B] The State shall sanction requisite number of
additional posts of Judges as directed in the decision of
the Apex Court in the case of Imtiyaz Ahmad v. State
of U.P. & Others. We hold that the principles laid down
in the said decision deserve to be applied for
determining the Judge/member strength of the
aforesaid Tribunals as well;
C] As directed by the Apex Court in the decision in
the case of Imtiyaz Ahmad v. State of U.P. & Others,
the State Government shall ensure that the funds
allocated under the 14th Finance Commission for the
years 2015-2020 to the Judiciary in Maharashtra are
promptly released. The funds set out under the heads I
to VIII as mentioned in the case of Imtiyaz Ahmad
shall be released. We clarify that the funds to be
released under 14th Finance Commission are
independent of the regular funds required by the
Judiciary. The allocated funds under heads I to VIII
shall be released over and above the regular funds
required by the Judiciary. The funds shall be released
as expeditiously as possible considering the fact that
the period of two years out of the period of five years
has already expired;
D] We hold that the principles laid down by this
Court in the decision in the case of New Bombay
Advocates' Welfare Association and other connected
matters, will squarely apply to the Civil and Criminal
Courts including the Family Courts, Motor Accident
Claims Tribunal, Co-operative Courts and Co-operative
Appellate Court, Labour and Industrial Courts and
State Commission and District Forum under the said
Act of 1986. Thus, it is an obligation, both
constitutional and legal, of the State to provide
adequate infrastructure to the aforesaid Courts and
Tribunals. The essential ingredients of infrastructure
are the adequate number of Judicial Officers/Members
and staff, adequate space for Courts and Tribunals and
their offices, necessary facilities and amenities for
Members of the Bar, Litigants and Witnesses. It includes
the facility of well maintained quarters to those Judicial
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Officers who are entitled to it under their service
conditions. It follows that the facilities such as
adequate remuneration and allowances, transport
arrangement, etc. ought to be provided for the benefit
of the Judges/Judicial Officers/Members of the
Tribunals. Facilities such as proper sitting
arrangements, clean and equipped washrooms/toilets
(separate for men and women), supply of clean
drinking water, information kiosks etc. ought to be
made available to the litigants and witnesses. The
members of the Bar need adequate Bar rooms with
necessary facilities. Moreover, all the stakeholders have
a right to have clean Court premises. As held in the
aforesaid decisions, the financial constraints is no
ground to deny essential infrastructure."
6. Apart from the aforesaid directions, the directions
contained in Clauses [J] to [T] of the operative part of the said
Judgment and Order squarely apply to the Industrial and Labour Courts
in the State of Maharashtra and, therefore, the said directions will have
to be implemented as far as Industrial and Labour Courts in the State
are concerned within the time stipulated under the said Judgment and
Order.
7. The directions contained in Clause [W] of the operative
part of the said Judgment and Order reads thus:-
"W] Direction regarding providing Government/
Public lands or public properties for all Court
Complexes:
Wherever the Court Complexes in the State are in
the private properties taken on rental basis, the State
Government shall initiate process of identification of
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Government lands/Government properties for housing
Court Complexes. This process shall be completed as
expeditiously as possible and preferably within a period
of one year from today."
8. The direction contained in Clause W is relevant in case of
Industrial and Labour Courts. Out of 85 Industrial and Labour Courts,
35 are functioning in the private premises taken on rent. In the
affidavit of Shri Ganesh Shamrao Sonawane, in Paragraphs 4 and 5, it is
stated thus:-
"4. I say that there are various difficulties and
problems faced by us for the rental premises.
For example in the District Jalgaon, there are
problems of supply of drinking water and
maintenance of Court premises with regard to
the repairs and painting etc. The Administration
of the Industrial Court has written various letters
to the Jalgaon Nagarpalika for the proper
maintenance of the said premises being Landlord
of the premises, however, no proper steps have
been taken by them. In the District at Dhule,
there is a dispute as regards to the ownership of
the premises and therefore the present Landlord
is not accepting the rent from the Government
and as a result he is not providing any facilities
for the said Court. In Solapur there is no
parking facilities for the said Court. IN Solapur
there is no parking facilities available for the
litigants and the Lawyers who are visiting the
Courts. In Akola the Courts are shifted into the
new premises in the year 2015 and there is no
parking facilities or the drinking water facilities
for litigants and Lawyers. I say that similar
problems are faced at Nashik, Bhandara and
Nanded. I say that in Gondiya District there are
no toilets or washrooms available for the Courts
staff, Judges and litigants.
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5. I say that as regards to the Quarters for Judges,
there is no assigned Quarters for in all the
Labour Courts and Industrial Courts Judges.
However, they are accommodated in the
designated Government Common Pool quarters.
I say that at present out of 73 Judicial Officers
38 Officers have been allotted the designated
Government Quarters and remaining 35 Judicial
Officers have been accommodated in private
premises on rental basis where the Government
reimburse the rent paid by them to the
Landlords."
(Underlines supplied)
9. Various difficulties faced by the learned Judges of the
Industrial and Labour Courts, the members of the bar, members of the
staff and litigants have been set out in Paragraph 4 of the said affidavit
especially in case of Industrial and Labour Courts which are situated in
the rental premises. The directions issued in PIL No.156 of 2011 and
other connected matters will have to be implemented even in respect of
the Courts housed in rented premises. However, immediate steps will
have to be taken by the State Government to locate the Government
plots/premises/buildings for the Industrial and Labour Courts. An
endeavour will have to be made to find out Government lands and/or
premises for each Industrial and Labour Courts which are functioning in
rental premises within a period of one year from today and all the
Industrial and Labour Courts will have to be shifted to Government
owned premises as expeditiously as possible and in any case, within a
period of five years from today.
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10. The State Government will have to take steps for providing
designated/assigned quarters to all the Judges of the Industrial and
Labour Courts. Necessary steps will have to be taken within a period of
five years from today.
11. In relation to the Labour and Industrial Courts mentioned
in Paragraph 4 of the affidavit of Shri Sonawane which we have quoted
above, the State Government will have to take necessary steps. As far
as the Court premises in Jalgaon are concerned, the State Government
will have to issue directions to Jalgaon Municipal Council to
immediately undertake repairing/painting work of the Court premises.
12. We, therefore, dispose of this Petition by passing the
following order:
ORDER :
(a) We hold that the directions contained in the
operative part of the Judgment and Order dated 5 th
May 2017 in Public Interest Litigation No.156 of
2011 and other connected Writ Petitions/PILs shall
also apply to the Industrial and Labour Courts in the
State of Maharashtra;
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(b) We direct that the directions contained in Clauses [J]
to [T] of the operative part of the Judgment and
Order dated 5th May 2017 passed in PIL No.156 of
2011 and other connected Petitions/PILs shall be
implemented in case of all the Industrial and Labour
Courts in the State. The directions contained in the
aforesaid clauses [J] to [T] shall be implemented
within the time frame provided in the said Judgment
and Order dated 5th May 2017. As far as Labour and
Industrial Courts are concerned, the time frame shall
be computed from the date of this judgment;
(c) We clarify that implementation of the directions
contained in the said Judgment and Order dated 5 th
May 2017 in relation to the rental premises in which
Industrial and Labour Courts situate, shall be made
to the extent to which the respective landlords of
their premises cooperate. If the landlords decline to
cooperate, the State Government shall take all lawful
steps against the landlords;
(d) We direct the State Government to undertake
exercise of identifying Government
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plots/premises/buildings for accommodating all the
Industrial and Labour Courts which are housed in
rental premises. The exercise of identifying
Government plots/premises/buildings for all the
Industrial and Labour Courts housed in the rental
premises shall be completed as expeditiously as
possible and preferably within a period of one year
from today. While identifying Government
lands/plots/premises, the State Government shall
take into consideration even the future need for a
period of 25 years;
(e) The High Court Administration will supply norms
fixed for the size of Civil and Criminal Courts in the
State to the Principal Secretary of the Industries,
Energy and Labour Department of the State
Government within a period of one month from
today;
(f) The norms fixed for the size of the designated
quarters for the Judicial Officers in the State shall be
also supplied by the High Court Administration
within the same time to the said Principal Secretary;
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(g) The State Government shall take a final decision on
the norms for the size of the Industrial Courts and
Labour Courts in the State and the size of the
designated quarters for the Judges of the Industrial
and Labour Courts in the State within a period of six
months from today. Needless to add that before
finalizing the norms, the State Government shall
consult the President of the Industrial Court, the
Principal Secretary of the Law & Judiciary
Department and the Registrar General of this Court;
(h) The State Government shall ensure that all the Court
Complexes of the Labour and Industrial Courts in the
State are shifted to the Government owned premises
of appropriate size not later than five years from
today;
(i) The designated Government quarters shall be made
available to the Judges of the Industrial and Labour
Courts in the State within a period of five years from
today;
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(j) The State Government shall take all possible
remedial steps in respect of the Industrial and Labour
Courts on the aspects mentioned in Paragraph 4 of
the affidavit of Shri Ganesh Shamrao Sonawane for
ensuring that all the essential facilities are made
available within a period of one year from today. The
State Government shall issue directions to the
Jalgaon Municipal Council enjoining the said Council
to take immediate steps to carry out necessary
repairs to the Industrial and Labour Courts at
Jalgaon. Such directions shall be issued within a
period of one month from today;
(k) Rule is made partly absolute on above terms;
(l) This Petition shall be listed for reporting compliance
along with PIL No.156 of 2011 and other connected
Petitions/PILs.
( SMT. ANUJA PRABHUDESSAI, J) ( A.S. OKA, J )
