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Tuesday, October 1, 2013

Employees cases needs seprate small cause courts.


To,                                                                                                 February 7th, 2013



Honorable the Chief Justice,

Punjab & Haryana High Court, Chandigarh.



SUB;   Suggestions to reduce pendency. 
Central Administrative Tribunal (CAT), Armed force tribunal (AFT), Central Govt Industrial Tribunals and State Govt labor Tribunals have no pendency. I give following suggestions for reducing pendency of cases in Hon’ble High Court.
1.       Setting up of Punjab Administrative Tribunals (PAT) and Haryana Administrative Tribunals (HAT). All service cases of employees of these two states be transferred to PAT and HAT. This will mean shifting of 20,000 to 40,000 cases apart from providing employment to many. These cases will be decided early as in case of CAT and AFT primarily due to specialization.


2.         All writs of employees of state, central government undertakings, semi government undertakings or PSUs be also transferred to CAT, PAT and HAT. All writs arising out of Central or state labor tribunals and by employees of High Court be also transferred to CAT, PAT & HAT.


3.         Even otherwise, it is highly illogical and preposterous that a civil Judge is handling cases of unlimited pecuniary jurisdiction, Sessions courts are handling cases of heinous nature like murder etc but cases like adverse remarks, transfer, chargesheet, promotion of employees are burdened on High Courts. This is adversely affecting criminal justice system when serious cases like criminal appeals, revisions etc are pending for long.


4.         Appeals arising out of these CAT, AFT, PAT & HAT be heard by National Administrative Tribunals headed by retired SC Judges for which separate suggestion is being sent to Ministry of Law. 


5.         The function of High Courts is to deal with cases involving “Law” i.e. cases arising out of “Acts” and to answer questions of law. And the work and function of H’ High Courts be restricted to such cases at least in civil matters.  


                                                                                                           KD Aggarwal

Advocate.