Putting an end to a two-decade-old legal challenge mounted by a hospital against a direction to reinstate its pump operator who was terminated in 1991, the Delhi High Court has said the “gross delay” in finally deciding the case showed a “sorry state of affairs” in the constitutional courts where poor are forced to fight tooth and nail to get justice.
In an order released on Tuesday, the judge said justice delayed is justice denied and it was high time that the constitutional courts stepped up in giving speedy justice to the citizens.
A swift and efficient justice was the fundamental right of the citizens and one of the cornerstones of a thriving democracy, Justice Chandra Dhari Singh asserted.
The workman was terminated from services as a pump operator in Vallabhbhai Patel Chest Institute — which is wholly financed by the Ministry of Health and Family Welfare — in 1991, and in 2002, a labour court passed an award in his favour directing the hospital to reinstate him with full back wages and continuity of services.
Subsequently, a recovery certificate was also issued in 2003 in favour of the workman for an amount of over Rs 3 lakh but the hospital challenged the labour court’s decision by filing the present petition.
Dismissing the petition after finding no illegality in the award, Justice Singh noted that no decision was taken in the matter despite it being listed 39 times since 2003 and the poor workman had to endure the legal process for the past 21 years.
“Such a situation of gross delay can only be termed as a sorry state of affairs in the Constitutional Courts of this Country where the poor labourers are forced to fight tooth and nail to get justice for themselves,” the court said.
“The instant case took more than two decades to reach to a conclusion and the said prolonged delay has left the litigant/poor worker in a state of profound uncertainty. The ramifications of such delay are immense as the same leads to loss of faith in the legal system and the poor litigants find themselves trapped in a never ending cycle of waiting for justice,” added the court.
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The court said in spite of the favourable award, the workman had to move from pillar to post to get it implemented, which defeats the entire purpose of granting him relief in the first instance.
Such inordinate delay, it added, underscores a disheartening reality that the judiciary’s efficacy in catering to the needs of the less privileged seems to have faltered.
“This court firmly believes that it is high time that the constitutional courts of this country should step up in giving speedy justice to the citizens. A swift and efficient justice is not only the fundamental right of the citizens of this country but also one of the cornerstones of a thriving democracy,” the court said in the order.
“The timeless adage ‘justice delayed is justice denied’ resonates strongly in the present case, where such a delay can only be interpreted as a failure of this Court to meet the rightful expectations of the economically disadvantaged. Even though various stakeholders in the country strive for instant justice, the same is yet to be achieved,” it stated.
