K’taka HC Warns Centre of Rs 10L Fine Over Delayed Appointment to Industrial Tribunal

The High Court of Karnataka has warned that it may impose a fine of Rs 10 lakh if there is no proactive action taken in the next three weeks regarding the appointment of a presiding officer to the Central Government Industrial Tribunal cum Law Court in Bengaluru.

A bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit was hearing a public interest litigation (PIL) filed by the Industrial Law Practitioners Forum.

The Central Government’s counsel informed the court that an appointment had been made on August 18, 2022, but the appointee had not assumed charge. Consequently, a new appointment process has been initiated. This case had previously come before the court and was disposed of after the appointment was made. However, the Forum has returned to the court seeking intervention.

The government’s counsel requested two weeks to submit a status report on the issue. Expressing concern about the delay, the division bench stated, “The status report only indicates that the matter is pending before the government. It is nothing but an eyewash to this Court…”.

The court acknowledged that the PIL had asserted that the position had been vacant for the past three years, and such delays in appointing individuals to quasi-judicial bodies deprive litigants of justice. The court emphasized that the Central government should not passively observe such issues.

The hearing has been adjourned to November 7, and the court has cautioned that the time requested by the counsel should not be an attempt to delay the process. It warned of the possibility of imposing a fine, stating, “As such, we grant two weeks to the respondent and expect a positive outcome on the next date. Failure to do so will require the respondent to deposit a cost of Rs 10 lakh in this court.”