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Analysis | SC Seeks Response of Centre on PIL Alleging Vacancies in Labour Courts

The Labour Law Association (“LLA”) has filed a Public Interest Litigation before the Hon’ble Supreme Court seeking urgent directions for filling up the vacancies in the Central Government Industrial Tribunal-cum-Labour Courts (“CGITs”), as several CGIT’s do not have presiding members and the posts have been lying vacant for quite sometime now. 

What is the objective and scope of the Industrial Disputes Act?

The Industrial Disputes Act, 1947 (“ID ACT”) was enacted for the adjudication and redressal of industrial disputes. Under the provisions of the ID Act, tribunals and labour courts are set up to maintain peace and harmony in the industrial sector and for quick and timely disposal of industrial disputes. The intent, purpose, and objective of such a regime is to augment industrial growth and ensure that no widespread industrial unrest takes place.

How many labour courts/industrial tribunals are set up in India?

As per the information available on the website of the Ministry of Labour and Employment, there are 22 CGIT’s set up under the ID Act. As per the LLA petition, out of the said 22 CGITS’s as many as 9 of such CGIT’s, do not have presiding officers, and 3 additional vacancies are likely to arise in the coming months, taking the toll of vacancies to 12 vacant CGIT’s.

Pursuant to the petition filed by LLA, the central government informed the Hon’ble Court that a selection committee for filling up the vacancies was formed and 9 recommendations have been made, and the process of filling up the vacancies is likely to be completed within four weeks.  The matter has now been listed next on 31 August 2023.

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