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Judgment
S. N.,"Question put up by Hon’ble
Delhi High Court in para No.5
of order dated 16.7.2021",Reply
1,"Whether CGIT-I and II Delhi
Bench are holding regular
hearings in all the matter and if
so, which are the categories of
matters, which are being taken
up?","Yes, regular conduct of hearing in
respect of matters pending for final
argument in the Industrial Disputes cases
after due consent of the parties along
with Admission and Final arguments in
EPF Appeal.
2,"Whether CGIT-I and II of Delhi
Bench have sufficient
infrastructure for holding the
hearings through video
conferencing/online mode?","Hearings are being conducting through
free version of webex meeting, having
time limit of 50 minutes schedule. In
addition a committee has been set up in
the Ministry to implement e-courts/virtual
hearing. The matter is being taken up
with NIC to provide solutions for
implementation of e- courts/virtual
hearing.
3,"Whether any infrastructure is
required for the purpose of
holding hearing through","Yes, the following infrastructure is
required for the purpose through video
conferencing/online:
a. A Licenced version of online hearing
platform.
b. High speed internet connection along
with others peripherals necessary for
online hearing.
c. In terms of man power, support staff
containing clerical as well as
stenographical assistance.
d. Technical assistance for web
updation.
4,"What are the total number of
matters which have been dealt
with from 1st July, 2021 and 15th
July, 2021 and the total number
of orders that have been passed
by CGIT-I and CGIT-II Delhi
Bench","The total no. of matters which have been
dealt by CGIT-I and II Delhi during the
period 1st July to 15th July 2021 are 15
in 11 working days. During this period,
final orders have been passed in 7 No. of
Industrial Disputes cases and 1 No. of
EPF Appeal. Be its’s stated that
during the lockdown period this Tribunal
has conducted 160 virtual hearing of
different matters on different dates and
orders both interim and final were
passed
The ID case No.79/2021 titled as Shri Abdul Majid and others Vs. ESIC and others registered in CGIT-I on 18.6.2021 invoking the provision of,,
section 2A of the Industrial Dispute Act. Along with the claim petition through a photocopy of a reference made by the Appropriate Government i.e.,,
Ministry of Labour and Employment, by order dated 18.6.2021 notices to the respondent along with the copy of the claim petition have sent via email.",,
No written Statement has been filed and the matter stands posted on 18.10.2021. After filing of Written Statement appropriate steps shall be taken for,,
expeditious disposal of the matter. Be its stated that the claimants in this case never appeared on the dates of adjournment nor moved any early,,
hearing petition though and application for urgent hearing of the industrial dispute was filed wherein the date is mentioned as 28.5.2021 i.e. prior to the,,
date of filing of the claim petition on 18.6.2021.â€,,
The submission made today is that the reference to the CGIT was made on 12th May, 2021, which clearly records that the award has to be",,
passed by the Tribunal within three months. Since the reference has been made, as per the status report, it is clear that written statement has not been",,
filed by the Respondents.,,
It is noted that on the one hand, the Respondents have terminated the services of the Petitioners-Workmen, and on the other hand, they have",,
chosen not to file a written statement in the matter before the CGIT till date. Even the application, which is stated to have been moved by the",,
Petitioner, appears to have not been taken on board, although on this issue, the CGIT has stated that no application was filed.",,
At this stage, Mr. Mehdiratta, ld. Counsel submits that the services of the Petitioners have not been terminated, rather the contract with the earlier",,
contractor itself has come to an end.,,
Without going into the merits of these issues, it is clear that the case of the Petitioners deserves to be heard expeditiously as they are currently",,
stated to be without a job. Accordingly, the following directions are issued in the matter:",,
(i) Last and final opportunity is granted to the Respondents to file their written statement before the CGIT, on or before 10th August, 2021.",,
(ii) Immediately upon receiving the written statement, the matter shall proceed in accordance with law. Since all counsels have also agreed for",,
physical hearing in this matter, the CGIT would take up the matter through physical hearing/ VC hearing in consultation with the counsels, as per its",,
convenience. However, the holding of VC hearings ought not to result in any impediment in expeditious disposal.",,
(iii) Interim applications, if any, moved by the Petitioners, shall be taken up for hearing on priority.",,
(iv) The matter shall be adjudicated by the CGIT in an expediated basis and the final award shall be passed on or before 30th September, 2021.",,
(v) No unnecessary or unjustified adjournments shall be granted by the CGIT.,,
List the case of the Petitioners before the CGIT on 13th August 2021.,,
With these observations, the writ petition, along with all pending applications itself, is disposed of. List on 20th September, 2021 for receiving the",,
status report in respect of the upgradation of video conferencing facilities, as also in respect of the appointment of the second Presiding Officer in the",,
CGIT bench.,,
Let a copy of this order be sent to Mr. Sarsij Kumar (M:965000723) and Mr. Zameem Ahmad Khan (M:9650006732) from the IT department of,,
the Delhi High Court and to Mr. Rishabh Dev (M:8168278201), Secretary to the Presiding Officer.",,
The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as",,
the certified copy of the order for the purpose of ensuring compliance. No physical copy of orders shall be insisted by any authority/entity or litigant.,,