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Why have tribunals at all if you can’t fill vacancies? Bombay High Court to Central government

After being called upon by the Court, Additional Solicitor General (ASG) Anil Singh apprised the Bench of the progress of the selection committee to select a suitable presiding officer.

Reading note submitted by the ASG, the Bench deduced that there was no likelihood of a presiding officer being appointed till end of June.

“Names are shortlisted, but these are not getting selected before July. The interview and processing will take time. Same thing which was happening for DRAT is happening here, where will they go? Is there any provision where the Industrial Tribunal Act provides for a contingency? Once we entertain one matter and pass an order, everyone will start coming,” it remarked.

The Union government opposed the prayer for interim relief contending that instead the Court may await the tribunal to start functioning.

However, keeping in mind that the tribunal may not be functional until the month of July, the court granted interim relief.

It directed the bank not to remove any ‘casual housekeeping peons’ from employment till the vacancy in CGIT is filled.

“131 workmen cannot be made to suffer because tribunal is non-functional. We entertain the petition and direct the Bank to not dispense with 126 workmen till end of July 2022, or until the tribunal resumes, whichever is earlier,” the order stated.

It added that if a presiding officer is appointed prior to July, the authority would be permitted to move the court for vacating the stay order.

Source: Barandbench

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