The Largest High Court of the country cannot afford such non-functionality of Courts on any count: ALL HC Takes Suo Motu Cognizance of Strike by Lawyers

Today, the Allahabad High Court took Suo Motu Cognizance in regard to the constitution of the Education Tribunal at Lucknow and Allahabad (Prayagraj).

A Bench of Hon’ble Chief Justice Govind Mathur and Hon’ble Justice S S Shamshrey passed a detailed order on this issue.

The Court observed that the Judicial working of the Allahabad High Court that otherwise remained uninterrupted even during the Pandemic has been stalled at the call of High Court Bar Association, Allahabad and Awadh Bar Association, High Court, Lucknow.

The Bench further observed that as per the demand charters given to the High Court, the establishment of tribunal would not satisfy the object of expeditious disposal of the cases concerned.

The grievance of the High Court Bar Association, Allahabad is that looking to the seriousness of the service matters relating to teaching and non-teaching staff of non-governmental educational institutions, the number of cases instituted and pending consideration at Allahabad, it would not be appropriate to have principal seat of the Tribunal at any other place than Prayagraj.

On availing necessary report from the Registry of the Court, the Bench observed that both the Lucknow and Allahabad Bench has quite satisfactory worked in disposal of service matters and the total pendency of the service matters in question at Allahabad is 33,290 and 15,003 at Lucknow.

The Bench observed:

By the absentation from judicial work, valuable judicial time has been criminally wasted and that has effected judicial working of Allahabad High Court for other important jurisdictions also.

The largest High Court of the country cannot afford such non-functionality of Courts on any count. Suffice to state that, for the same cause, judicial working was adversely effected in the year 2019 too. On going through the statistics available, we are of the view that the pendency of the service matters in question can be effectively reduced by constituting special bench/benches for the purpose. 

However, for smooth functioning of such benches, the prime requirement is participation of Advocates in proceedings. The proposed enactment is meant with an object for expeditious disposal of service matters but the absentation of lawyers from judicial proceedings is causing serious injury to the disposal of such cases by the present judicial forum.

Considering above, the Court has passed following directions:

(i) The Chief Justice, Allahabad High Court be requested to constitute appropriate dedicated Benches at Allahabad as well as at Lucknow for expeditious disposal of service matters related to teaching and non-teaching staff of aided institutions.

(ii) The Legislature may complete the process of enacting the Act of 2021, if so desires, but, shall establish Educational Tribunals as proposed only after the leave of this Court.

(iii) The State Government is requested to invite representatives of the Bar Associations of the Allahabad High Court at Prayagraj as well as at Lucknow to have deliberations with regard to their demands which are being agitated by different demand charters while giving the present call for absentation from judicial work.

On the issue of GST Tribunal the Court said that since the matter is pending before High Court at Lucknow, so, no order is required to be passed in that matter.

In the end the court has expected from Bar Associations and community of Advocates at large to resume judicial working.

Click to Read/Download Order

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