The Supreme Court has imposed a fine of Rs 15,000 on the Uttar Pradesh government for the delay in filing the petition. The top court, after filing an appeal after 1006 days, said, "State governments are ignoring the warnings being given from time to time."
A bench headed by Justice SK Kaul said, "No action is ever taken against the delinquent officers and special leave petitions are filed for wasting the judiciary's time to save them."
The bench dismissed the petition saying, "We have an opportunity to deal with such cases." In what we have called a 'certificate case', state governments should be careful in coming to court only to get a certificate of dismissal.
If the petitioner (Government) feels that the period prescribed by the Legislature is not sufficient then the Government should persuade the Legislature to make changes in the law. As long as the law is there, it will remain in force. In fact, the government filed this petition against the November 5, 2009 order of the labor court. The labor court ruled in favor of Beldar / Chowkidar Premchand.
Premchand claimed that he was appointed on August 1, 1985, and worked continuously till 30 April 1987. The company fired him without following a legal process, which he challenged in the labor court. In 2017, the Allahabad High Court upheld the judgment of the lower court.
However, the petition was filed in the Supreme Court after 1006 days and again after 235 days of delay.
Made a mockery of justice
"The facts in the case have been presented in such a complicated manner so that the trial can go on," the bench said. The fact is that this labor dispute case lasted for two decades before the tribunal, which itself is a mockery of justice. The state government took so long to take the case to the High Court and in the end, it took three years to file a petition in the Supreme Court.
Fines should be collected from responsible officials
The bench said in its order that the court has imposed a fine on the state government for wasting the judiciary's time. Therefore, the government should collect this penalty from the officials responsible for the delay.