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Judgment
K.J. Vaidya, J.—What indeed is the right, nay more than that the privilege of the workmen, regarding "speedy justice" under the Workmen''s Compensation Act, 1923 and/or under any other Labour Laws and for that purpose even further indeed what are the corresponding duties, firstly, enjoined upon the Workmen Commissioner and/or any other Labour Courts and for that purpose, in case if there is any insufficiency of number of Judges and Courts then in that case, that of, secondly, the duty of the Government also in this regard, under Article 21 of the Constitution of India to provide as many number of adequate Courts and Judges for speeding-up the proceedings before the Courts. This precisely is the principal thrust and theme of the discussion and ultimate finding to the questions raised here centering around this Civil Revision Application.
To state few relevant facts briefly, applicant Naniben, a poor illiterate lady, aged 55 years, filed the compensation application, the same being W.C. Application No. 14 of 85 before the Workmen Compensation Commissioner, Bhavnagar against two respondents, viz, H. K. Dave Private Limited, Bhavnagar and M/s. Harilalka MC & Co. Calcutta, inter alia claiming compensation to the tune of Rs. 55,000/- on the ground of death of her son Rajesh who got electrocuted during the course of his employment with the Company. After the institution of this proceedings, the applicant was further constrained to submit an application Ex. 44 dated October 1, 1990 for joining Messrs. India Potash Limited as Defendant No. 3 over and above the Opponent Nos. 1 & 2, as it was also in the alternative jointly and severally liable to pay compensation !! This was rejected by the learned Commissioner vide his order December 17, 1990 and that too imposing the cost on the applicant, giving rise to the present Revision Application!!
Heard learned Advocates appearing for the respective parties.
On perusing the above order, four things quite surface to be shockingly noticed at once! They are, firstly, when the application Ex. 44 was called out for hearing, the learned Advocate for the applicant was absent and without hearing him the same came to be dismissed. Secondly, the application Ex. 44 came to be disposed off because the W. C. Application out of which it was arising was of the year 1985 and thus according to the learned Commissioner, the same having become pretty stale it was required to be disposed off within 3 to 6 months !! Thirdly, the application Ex. 44 in question was submitted with a view to defeat and delay the proceedings !! and fourthly quite shocking and surprising the imposition of the cost and that too on the applicant-lady while rejecting her application Exh.44!!
Now none of the aforesaid considerations on the basis of which the application Ex. 44 came to be rejected, has any substance worth the name. Rather to be precise and put it positively, the same is a manifest specimen of totally perverse approach calling for immediate quashing and setting aside of the impugned order.
Whether the learned Commissioner was justified in dismissing Ex. 44 application of the claimant to her utter prejudice in absence of her learned Advocate ? In this regard, it is indeed quite true that ordinarily the absence of the learned Advocate, in the Court-room when the matter is called out for hearing is prima facie quite disturbing thing, as it does waste the precious time of the Court and accordingly such remisness if of the regular recurrence cannot be countenanced lightly to be encouraged to the greatest prejudice of the Court discipline and the overall constitutional call for the "speedy justice" enshrined in Article 21 of the Constitution ! But at the same time in the instant case, and for that purpose even in many other such given cases, what ought we do not know that on the particular date and time when the learned Advocate appearing for the applicant did not remain present, perhaps he was having some quite, just and genuine, special and unavoidable bona fide ground for not attending the Court in time ! If indeed that was so, then it was expected of the learned Commissioner to defer the hearing of Exh. 44 for quite sometime at least to enable the applicant to call her Advocate. Thereafter also in case the learned Advocate was not available in the Court compound then the hearing of an application ought to have been adjourned to next date, more particularly when the learned Commissioner was not inclined to grant Exh. 44 application for joining the Respondent No. 3 as necessary party/defendant No. 3 and that too in workmen compensation matter filed by the mother of the deceased son in her favour. Not only this but under some such circumstances the Court must also bear in mind that learned Advocates are also ultimately human beings and they once a while in a given case may not be present and available at the press-button call in the Court roof right at the time when the matter is called out, for some quite good, genuine, unavoidable and convincing reasons. In this view of the matter, ordinarily but for some special reason/s, some reasonable allowance has got to be made for his non-late appearance either by keeping back or adjourning the matter for sometime Accordingly, in the instant case also, more particularly when the learned Commissioner was inclined to pass an order dismissing the application he certainly owed a duty to the cause of justice to adjourn the case to some future date giving short date so that applicant may not feel that justice was denied to her in absence of her learned Advocate ! In fact, under no circumstances ordinarily such a case can ever be permitted to be mechanically disposed off without showing any concern for the weak and miserable litigants coming before the Court clamouring for "Justice" without hearing them unless of course, for some special and adequate reasons to be recorded in writing it appears that to adjourn the case would militate against the very cause of the substantial justice !! Further the absence of the learned Advocate when the matter is called out is quite and altogether different and distinct issue, and for that fault of the learned Advocate his client cannot be, made to suffer and punished ! Accordingly, for that purpose whenever the Court, if on the basis of record available in Rojkam proceedings, is able to take a view that the concerned learned Advocate was in a chronic habit of not attending the Court whenever the case was called out, then in that case, it can rather it must once a while exercise its discretion by imposing the cost and for that purpose even an exemplary cost upon him and that too to be paid from his personal pocket. In fact, in such extreme gross cases the learned Advocate not attending the Court in time remaining absent the Court may in the first instance inform the concerned party that when the case was called out his learned Advocate was absent. Not only that but in the course of the day though the case was called out once again at that time also his/her learned Advocate was absent. It must accordingly further bring it to the notice of the concerned party that now the hearing of the case is fixed on next date and if on that date also the learned Advocate will remain absent, Court would decide the case, on merit after hearing the otherside. This can be and accordingly is required to be done in appropriate case to protect the interests of litigants rather to protect and uphold their fundamental right to the speedy Justice under Article 21 of the Constitution ! This order could be in the following form :
FORM
"Today .............. at ............ am/pm (as the case may be) this matter was called out and your learned Advocate Mr. ........ was absent. Thereafter, the matter was once again called out at ........ am/pm (place the time) at that time also, the learned Advocate was absent. None has also mentioned on behalf of your learned Advocate who has filed V. P. Accordingly, you are hereby informed that the cost of Rs........ has been imposed, and accordingly, given further notice that if on the next date, i.e., on ......... to which the hearing stands adjourned, if neither you nor your learned Advocate will remain, present, the Court shall be constrained to pass appropriate ex parte order in your absence with further order as to the costs to be paid to the otherside.,
Sd/-
(C. J. /S. D./J. D.)"
The above practice can also be adopted when there is an unjust, illegal prolonged strike placing the under-trial accused and other consumer of the speedy justice in an untold hardship, inconvenience and predicament. Not only this but in such cases the Court may also refer its grievance to the State Bar Council for appropriate action against the concerned learned Advocate, but in no case in absence of an advocate, a poor workmen can ever be penalized as it has been done in the instant case. To dismiss an application for default of prosecution attributed to the learned Advocate and dismiss it without giving notice to the concerned party in a given case may bring about the serious injustice to the concerned party to whose misfortune his learned Advocate remained absent.
Turning to the second ground, it is indeed true that ordinarily the Workman Compensation cases are required to be disposed off within the shortest possible time and ideally speaking preferably within 3 to 6 months and in that view of the said time schedule the present W. C. application which was of the year 1985, its disposal had become quite belated and accordingly rather over-due as five years had already passed. But then, at this stage it was also the duty of the learned Commissioner to find out from the Rojkam proceedings as to who was responsible for delaying the proceedings ? When the respondents themselves, by seeking indiscreet adjournments, delayed the proceedings for five long years, then in that case, merely because the compensation application was five years'' old, that factor standing itself cannot be weighed to the greatest prejudice of the applicant.
Similarly turning to the third ground it has got to be appreciated that the applicant had approached the learned Commissioner praying for joining M/s. Potash India Ltd. as a necessary party/defendant No. 3 to the proceedings under the legal constraint. In this regard as submitted by the learned Advocate for the applicant it ought to have been appreciated by the learned Commissioner that the Opponents Nos. 1 and 2 had already shifted their financial liability to the proposed Respondent No. 3. Under the circumstances, it had become quite incumbent upon the applicant to join it as a necessary party to the proceedings, for what ought we do not know that if at the fag end of hearing or at the appellate stage on the ultimate analysis if the concerned Court was to reach a conclusion that the ultimate liability, jointly or severally, was that of the proposed Opponent No. 3 also, then the claim proceedings to that extent may get unnecessarily further delayed from that point of time onwards ! Under the circumstances, it appears that the ultimate desire and effort of the applicant lady was to curtail further unnecessary delay at the end of proceedings. In this view of the matter, it is indeed quite strange to find she being stamped out as interested in delaying the proceedings !! It should be remembered that Workmen Compensation proceedings lodged on behalf of the injured/deceased are neither the luxury nor sport litigation. Furthermore, these sort of litigations pertain to the claim for immediate monetary assistance on account of helpless situation created due to the injury/ death of the workman concerned and for them getting immediate compensation is a matter of survival. It is practically a sort of urgent execution proceedings wherein to allege that the applicant has filed the application Ex. 44 to delay the proceedings is not only improbable and something difficult to gulp down violating the common sense, but the same may amount to adding insult to injury!
The further most disturbing part of the impugned order is the order imposing cost upon the poor applicant lady while rejecting her application Ex. 44. This is something quite unheard, shocking, and surprising! To impose cost on workman in such cases of Workman compensation is not only unprecedented, unjust, harsh and savage hitting the claimant below the belt, rather to sum-up all these things in one word it is "inhuman" ! This clearly indicates on the one hand total lack of orientation of the learned Commissioner regarding the pitiable condition of the claimant and on the other hand total lack of orientation of the learned Commissioner regarding the pitiable condition of the claimant and on the other hand injustice to the poor workers ! To ask a worker and that too where she was not at fault to pay the costs to the opponents who are undoubtedly much well to do, is simply unthinkable and perverse and I just fail to find out as to what indeed was the impelling reason for the learned Commisssioner constraining him to go to the extent of imposing cost on the poor lady !
In view of the aforesaid discussion, the impugned order passed by the learned Commissioner below Ex. 44 apart from being ex facie unjust and harsh is patently illegal also, and accordingly, the same deserves to be quashed and set aside allowing this Revision Application with order as to the cost. M/s. India Potash Ltd. is accordingly ordered to be joined as Opponent No. 3 in the main application.
Now, this matter cannot be permitted to simply rest here by correcting some illegalities here and there and accordingly, in overall interests of the labour justice and workers ultimate privilege to get the "speedy justice", something is required to be observed by this Court.
Unfortunately, right from the year 1985, the compensation application filed by the petitioner for whatever reason has remained just undisposed till December 17, 1990 that is to say for about long five years, before the learned Commissioner, and thereafter, unfortunately even before this Court also which reels under quite heavy, acute and increasing pressure of work in all for eight long years. This indeed warrants topmost consideration so as to see that to the best possible extent such cases are comparatively expeditiously disposed off and do not linger on as a stigma to the constitutional promise of "speedy justice" as hollow like an election manifesto of political parties contesting the election ! If the Court proceedings are to be protracted indiscreetly, causing untold hardships, inconveniences and suffering to the poor claimants, one should not be surprised if the aggrieved party either over and above the cost of proceedings may also some day further pray for compensation and damages for unjustifiably belated disposal of their cases or may in a given case taking law in their hands and settle and solve their grievance outside the Court by some extra-judicial methods !! And perhaps quite rightly because when the Constitution under Article 21 mandates every Court to deliver speedy justice, and the said right to speedy justice accordingly being the fundamental right of the citizen, is unreasonably disregarded the same is clearly a breach of constitutional promise (in absence of some justification) and the frustration arising from the denial of speedy justice was ultimately bound to uproot the faith of the litigants in the "Rule of Law" and for that purpose even the "Administration of Justice" making them report to some such indiscreet acts to immediately get redressed their grievances ! Of course for this the Courts which are already overburdened with the backlog of cases cannot be held entirely responsible, as the ultimate responsibility of providing the adequate number of Courts and Judges is that of the Government and accordingly all consequential liabilities to pay cost, arising from delayed justice ultimately passes on to the Government !! May be on just and reasonable explanation of concerned Court showing bona fide in not early disposal of the case, damages for belated disposal may not be awarded. In fact, such matters under the Act are expected to be treated most urgently and disposed of as expeditiously as possible ! For this purpose on his part the learned Commissioner must see to it that he does not grant any indiscreet adjournments particularly to the employer-defendant, even if the learned Advocate appearing for the claimant does not oppose it. Opponent learned Advocate not opposing the adjournment application or the learned Advocates appearing for both sides jointly praying for the adjournment standing by itself is certainly not a ground to mechanically adjourn the case, unless the Court feels that (1) the adjournment is necessary in the interest of justice; (2) the party is not in habit of seeking adjournments, and (3) by imposing appropriate costs, in case adjournment is granted on party seeking the adjournment (save and except workers). It is required to be constantly borne in mind that the Courts ultimately exist for doing justice, speedy justice and convenience to all consumers of justice in particular, the poor litigants and not at their costs for the convenience of some of opponent employer or their learned Advocates or for that purpose for some slow moving Courts which do not take the desired interest in speedy disposal of the cases. In order to appreciate and in fact feel the real pinch of hardships and inconveniences as a result of some indiscreet adjournments, the concerned Court must place itself in place of the party approaching the Court seeking justice and the witnesses who come for giving evidence return frustrated !!
Further, if the learned Commissioner takes little care to be just aware of some of the rules under the Workmen''s Compensation Rules, 1923, it would surely keep them aware and alert in expeditious disposals of the cases pending before them. The relevant Rules 30 and 31 are reproduced hereunder :
Diary : The Commissioner shall maintain under his hand a brief diary for the proceedings on an application.
Reasons far postponement to be recorded : If the Commissioner finds it impossible to dispose of an application at one hearing he shall record the reasons which necessitate a postponement.
Further still, in this regard we all also need to bear in mind that situation wherein the injured and/or legal heirs and/or representatives of the deceased, when they make an application for compensation the same can easily be compared with a house caught on fire and the fire-brigade summoned to extinguish the same and the consequential damage which results, if the fire brigade reaches late even by some minutes and such application is not disposed of in time at the earliest practically remains the same. Thus not to decide such application on urgent war-footing within the shortest possible period is indeed too serious a thing to be lightly countenanced as it loses all its charm and significance of the promise of the "speedy justice" under Article 21 of the Constitution and the ultimate workman welfare object underlying the Act. In view of all these indisputable things judicial pragmatism warrants and accordingly, it is required to be constantly borne in mind by all concerned that any inordinate delay in awarding workman compensation runs counter in the first instance to the immediate interest of the injured applicant or applicant member of the deceased family, in the second instance, against the spirit and object underlying the Act which is aimed to provide cheaper, smoother and quicker justice to the workers under the Act through special Tribunal than the ordinary Civil Court, in third instance Article 21 of the Constitution of India promising speedy justice and in the fourth instance if we fail to deliver speedy justice, frustrated workman losing faith in the Administration of Justice taking law in hands doing something quite unthinkable, including committing criminal offence also cannot be ruled out! Here you can''t blame workmen suffering under tight noose of (rope) of financial crisis round his neck. If the law and Court both ultimately delay the justice, where indeed the poor workman is to go ? It is for all these eloquent and resounding reasons, that not to decide compensation application and for that purpose every other case of the workers in time at the earliest is quite serious a thing to be taken note of by all the concerned interested in delivering the cheap and speedy justice to the needy working class. Be it a case under Workmen''s Compensation Act, or for that purpose, any maintenance proceedings, or in short any other cases involving injustice to the poor, dalit, women, old, infirm, children, downtrodden, Schedule Castes and Schedule Tribes, undertrial prisoners, workers, etc. such cases should be treated as patient suffering from the heart attack to be given topmost treatment in the INTENSIVE CARE UNIT ! The pangs and sufferings of the litigants are difficult to feel for those unconcerned unless experienced by themselves ! If the justice is the fundamental right of the citizen why should there be any unreasonable delay in giving that right when claimed, at least within the reasonable time? This would obviously be a reasonable question, demand of any enlightened and vigilant citizen much more the concerned Courts before which the labour cases are pending ? Further, still to give yet one more illustration, enactment of the particular Act by the Parliament is sort of creating "justice trust" where the beneficiaries are oppressed/aggrieved citizens to whom the justice is denied and the law enforcing-interpreting agency viz., Executive and Judiciary are the trustees in their respective ways appointed by the creator of the trust, viz., the Legislature. Accordingly, while enforcing the law, in the first instance executive and thereafter in the second instance while trying the cases and interpreting the law, judiciary both of them need to conduct themselves in a manner quite transparent, responsible, honest and accountable of the trustees mindful of their respective duties for whom they exist viz., the needy beneficiaries under the trust namely the particular Act ! It is indeed quite true that it is not in all the cases, all the Courts, for all the times to come, that it can be singled out and blamed for protracting such compensation or any other cases. In fact, there are very many other contributory factors delaying disposals of such cases for needy and poor person of the society. To name few of such prominent factors, they are : firstly, it is the indiscreet adjournments granted by the Court, secondly, it is the rampant strike-calls. Thirdly the limited number of Courts to decide such matters at the earliest. As regards the first two factors views of this Court are already well expressed in other judgments, and therefore, no need to further elaborate the same here except to add few words. Accordingly, turning to the third factor, it has got to be stated that whatever fault for delay, the blame for the same lies to very great extent at the door of the Government, which has consistently failed to provide sufficient number of Courts and the Judges. What indeed the poor Judge is to do amidst heavy pressure of work if and if indeed only the same is the only reason for delay in disposal of the case. Of course, in a given case it cannot be denied that sometimes the concerned Courts also to some extent are quite responsible for inordinate delays in deciding the case because of its lack of sufficient experience, interest, initiative, case papers misplaced, insufficiency of staff and other facilities, and otherwise for want of proper orientation to public cause in expeditiously deciding the cases on priority basis. In such types of cases the opponent employer many a time is obviously quite interested in delaying the cases by dilly dallying and thereby protracting the proceedings. Court also sometimes quite inadvertently, unwittingly playing in the hands of some of the scheming employers who with a view to ultimately coerce the poor helpless workmen driving them to such a vulnerable and inextricable helpless situation where except to enter into the forced compromise to accept whatever amount was doled out by way of compensation without any murmur, there is no other go rather else to be ready to undergo all sorts of inconveniences and hardships in other words penalty of frequently attending the Courts for indefinite period and in case if the case is adjourned or the learned Advocates are on strike, or for some such other reasons Court not available then also wasting the precious day of the life by losing the daily wages making them to wander perspiring from pillar to post returning home all frustrated!! Bearing in mind this pitiable plight picture of the workers, the learned Workmen Commissioner dealing with such matters must be alive to all such tactics, malpractice of the employer and discourage the same with an iron-hand by not adjourning the cases or if at ail it is required to be adjourned for some good reason, then to adjourn it only after awarding reasonable costs and for that purpose in a given case awarding exemplary costs cash down to be paid by the employer to the applicant immediately, personally and in the open Court! The cost to be paid in cash in Court immediately why ? Because why should the workmen suffer days wastage, hardship and suffering for no fault of them ! Why indeed expenses incurred in case by the applicant for attending the Court, should be kept pending ! To indiscreetly adjourn the workmen''s case for no fault of them is indeed hitting them below the belt and the same cannot be prevented unless the reasonable cost is repeatedly ordered to be awarded to be paid in cash down in open Court. It must be borne in mind that the cost to be awarded, in such cases cannot be formal or token but should be reasonable which takes care of daily wages, transport, lodging and boarding also of the party, witnesses as the case may be. Here the costs are not to be merely credited to the account of the poor applicant worker as a paper-entry ! But as stated above, as far as possible, it should be paid right at the time adjournment is prayed for and moment it is ordered. This is the only way Workmen proceedings could be made effective and time-bound delivering speedy-justice rather substantial justice.
Duty of the Government to appoint adequate number of Judges & Courts !! Once again, incidentally turning to the most important burning question of speedy justice and corresponding insufficient number of Courts and the Judges, the State as well as the Central Government cannot escape from their ultimate responsibility, accountability of increasing as many number of Judges and corresponding number of Courts to deal with and decide as many cases that are pending and further which just go on increasing day-by-day adding to the already threatening backlog of the cases! No doubt this question does not directly arise in this matter but at the same time taking into consideration the plight of workers and the labour legislation since judicial notice can be taken of inadequate number of Labour Courts and Judges, as a Constitutional functionary, I deem it my duty to make much needed observation for something be done to save the situation. In fact the Supreme Court as long back as in the year 1986 in a decision rendered in the case of Sheila Barse v. Union of India reported in AIR 1986 SC 1779 has observed as under :
"One of the primary reasons, why trial of criminal cases is delayed in the Courts of Magistrates and Additional Sessions Judges is the total inadequacy of judge-strength and lack of satisfactory working conditions for Magistrates and Additional Sessions Judges. There are Courts of Magistrates and Additional Sessions Judges where the workload is so heavy that it is just not possible to cope with the workload, unless there is increase in the strength of Magistrates and Additional Sessions Judges. There are instances where appointments of Magistrates and Additional Sessions Judges are held up for years and the Courts have to work with the depleted strength and this affects speedy trial of criminal cases. The Magistrates and Additional Sessions Judges are often not provided adequate staff and other facilities which would help improve their disposal of cases. We are, therefore, firmly of the view that every State Government must take necessary measures for the purpose of setting up adequate number of Courts, appointing requisite number of Judges and providing them the necessary facilities."
No doubt, the above observation of the Supreme Court is in respect of the criminal case, but none the less the underlying spirit of Article 21 of the Constitution of India equally covers and governs the fate of other Civil cases and Workmen cases also under all labour welfare Acts. It appears that the said observations of the Supreme Court have not been given desired effect. Having regard to the particular fact that the ''Rule of Law'' under the constitutional framework is our basic concept, the system cannot function efficiently and effectively unless there are sufficient number of Judges and Courts to handle cases without getting it unjustifiably delayed. Under such circumstances, when High Court and for that purpose even Apex Court evinces concern, evincing concern on behalf of the Parliament also (!!), concerned Government must also respond to it with the same zest and public spirit in forthright manner. The Supreme Court and the High Courts have made sufficient observations as regards the duties of the State and the Central Government in such matters. As a matter of fact to quote last six lines from the above Supreme Court decision, viz. "We are, therefore, firmly of the view that every State Government must take necessary measures for the purpose of setting up adequate number of Courts, appointing requisite number of Judges and providing them the necessary facilities", this in twin prima facie amounts to clear mandate, order, direction for setting up adequate number of Courts, appointing requisite number of Judges and providing them necessary facilities at the earliest and accordingly, the Government in its turn cannot be permitted to take permanent convenient shelter that it has no funds to provide for more Courts and accordingly the Courts under the circumstances cannot force directing the Government to create more Courts and provide sufficient number of Judges to meet with the situation. Yet (sic) the Court ordinarily cannot force Government when financial aspect is involved but then the question is whether this defence of Government is permanently available where it ultimately and seriously prejudices, affects the "Rule of Law" and the constitutional promise of "Speedy Justice"? This shall have to be decided some day or the other. However, since the Government prima facie appears to have failed to give the desired response, effect to the aforesaid Supreme Court decision, it quite appears now that this vexed, embarassing problem cannot be better attended and solved immediately and in near forseeable future save and except (1) the elected representatives of the people that is to say M.L.A.s and M.P.s. (2) active, effective, vociferous public opinion in this regard by social organisations; (3) litigants Associations pressing hard for their speedy disposal of cases; (4) Bar relentlessly championing the cause for "speedy justice"; and (5) the press dedicated to uphold the Constitutional promise of "speedy justice" rise to the occasion championing the cause come forward in this direction and relentlessly pressurise and persist to help secure the fundamental rights of the people under the Constitution and the other Acts to have "speedy justice" till the goal is reached. Priority wise the importance of upholding the "Constitution of India", Rule of law", "Democracy" and for that purpose adequate number of Courts and Judges on the one hand cannot be under-estimated then the requirement of sufficient number of army strength (territorial, Navy and Air Force) to defend the sovereignty and the territorial integrity of the country on the other hand. The reason is if we do not have sufficient army to defend the country the country would be in immediate danger to lose territorial sovereignty and thereby independence. Similarly also without sufficient number of Courts and Judges the Constitution and the Law thereunder would be in imminent danger ultimately threatening the liberty and speedy justice to the citizens ! Thus, in short and substance, if in order to save and protect the country from the external aggression, sufficient strength of army is needed likewise, to save and protect the country from the internal aggression of injustice, sufficient number of Courts and Judges is also equally and unavoidably most required. Accordingly, prioritywise next only to the defence of the country, the importance to protect the Constitution and the Rule of Law and for that purpose, adequate number of Courts and Judges can never be underestimated. The resultant situation of not having sufficient strength in army and adequate number of Courts and Judges is practically the same; in the first case, the country would lose independence and freedom and in second case, people subjected to injustice would lose all the benefits of the independent country and the Constitution thereunder. In fact in my opinion policywise the time has also come when the legislature of its own should take stock of the present deteriorating situation regarding the mounting arrears and backlog of cases, with day in and day out addition of more and more cases, insufficient number of Courts and Judges to handle it and accordingly pass some such Act like, "The Speedy Justice, Act", whereunder first of all on the basis of overall yearly population growth rate divided into its various sub-components such as (i) law and order, (ii) personnel and other civil rights, (iii) agriculture, (iv) industry, (v) trade & commerce corresponding addition of new legislations every year and (vi) the Revenues & Tariffs, working out rough and ready proportionate criteria/device/ schedule/index to provide as many number of Courts and Judges and thereafter also making it obligatory upon the concerned Court to decide the case within the precise time-bound limit as far as practicable. ''If the case could not be decided within specified time-bound provided every judgment in such case shall record the reasons for the "delay". This to some extent will make the concerned Court little more conscious of deciding the cases as early as possible.
Further still, for this purpose it also appears to me that likewise the "Economic Planning", (Defence planning) of the country which is done by the National Planning Commission, there should also be separate "Justice Planning Commission" at the Centre and State level to take "yearly stock" of the situation, to precisely plan out: (i) the estimated growth of the (a) population (b) the litigation (c) the legislation (d) agriculture (e) trade and commerce, etc., within next ten years; (ii) for that purpose estimated requirement of further more number of Courts and Judges, keeping in mind the huge arrear; (iii) further for this purpose, how many Judges would be retiring during the course of ten years and the corresponding requirement of the replacement; (iv) how many Judges to be freshly appointed from the Bar ?; (v) how many to be and can be given promotion ?; (v) even how many law graduates will be required to serve the legal profession ?; (vi) what is the yearly enrolement of the advocates? and (vii) for all these purposes the estimated financial requirements; (viii) the raising of the retirement age of the Magistrates and Judges to avoid possible gap and insufficiency of Judges to meet with the problem of arrear of cases and last but not the least (ix) if even after extended age limit for the retirement, concerned Judge or Magistrate is found fit to render services then in that case, to extend the period from year to year for sometimes as deemed proper till vacancies for sufficient number of Judges are filled up. Accordingly this has got to be done at the earliest best and as early as the person requiring oxygen or the life jacket is sinking for want of it to save the "Rule of Law"; if not from being completely dead drowned and eroded in the course of time, to suffer serious damages ! Unless the importance of judiciary as instrument of "speedy justice" and the corner stone of the "Rule of Law and the "Constitution" is duly recognized as only next to the defence of the country at the earliest possible and for that purpose, strategic advance planning is done, the ever-widening gap between the fast, escalating population and corresponding galloping increase of agriculture, trade and commerce, industry, various legislations in the said regard on the one hand and inadequate machinery to deal with the cases for want of inadequate number of Judges in the Court, on the other, would go on further widening ultimately becoming unmanageable affair, a nightmare denying the fruits of independence enshrined in the Constitution of India to the affected people at large !! The result would be some people may start asking question whether the Government was of them, by them and for them !!
Having come across the plight of the applicant in the present case, where the compensation case merrily lingered on undisposed of for all these 9 years and from this only apprehending the unfortunate plight of the similarly placed many other injured applicants, and/or family members of the deceased, this Court feeling quite worried and anxious to know about their fate as to at what stage other such cases were pending before the learned Workmen Commissioners throughout the State, was constrained to direct the Registrar of High Court to call for the latest information from all concerned specifically directing them to furnish the same as to how many such matters are pending before them, since which year, etc. etc. Pursuant to this direction, the information tabled before this Court is tabulated as under:
THE CATALOGUE OF W. C. CASES PENDING BEFORE THE CONCERNED FORUM UPTO FEBRUARY 28, 1994.
District
Pending from
No. of cases
Total
(a)
(b)
(c)
(d)
AHMEDABAD
1974
1
1976
1
1977
1
1979
1
1980
1
1981
6
1982
44
1983
16
1984
37
1985
33
1986
61
1987
70
1988
108
1989
104
1990
103
1991
144
1992
248
1993
274
1994
63
1286
ANAND
1992
62
1993
106
1994
11
179
NADIAD
1989
3
1990
13
1991
7
1992
21
1993
103
1994
5
152
GODHARA
1983
1
1985
573
1986
3
1987
9
1988
40
1989
37
1990
37
1991
49
1992
51
1993
45
1994
8
853
NAVSARI
1989
5
1990
2
1991
9
1992
12
1993
21
1994
3
52
VALSAD
1986
6
1988
2
1989
37
1990
23
1991
14
1992
19
1993
41
1994
8
147
RAJKOT
1984
2
1985
10
1986
28
1987
58
1988
72
1989
98
1990
144
1991
194
1992
364
1993
271
1994
37
1278
KALOL (N.G.)
1988
"01
1989
01
1990
08
1991
14
1992
20
1993
114
1994
14
169
VADODARA
1989
19
1990
66
1991
56
1992
70
1993
30
1994
12
353
SURAT
1981
12
1982
37
1983
15
1984
06
1985
03
1986
02
1987
04
1988
14
1989
06
1990
23
1991
20
1992
39
1993
47
1994
18
246
BHAVNAGAR
1989
10
1990
17
1991
06
1992
13
1993
254
1994
27
327
BHARUCH
1984
01
1985
00
1986
05
1987
01
1988
11
1989
27
1990
46
1991
36
1992
60
1993
75
1994
26
288
TOTAL :
5330
The above chart of 5,330 pending workmen cases from 12 districts only, is quite alarming and sadly reflects upon the fact as to what extent such cases under the Workmen''s Compensation Act are just hopelessly and miserably stranded in the midst of proceedings gathering dust and neglected from being attended immediately which is otherwise so required to be, having regard to the hard-pressed financial conditions of the workmen struggling to breathe, struggling to make two ends meet !! The above picture depicting the conditions of the poor workers gazing at the sky indefinitely for justice is quite heart searching for all those who have any concern for the poor pitiable conditions of the workers clamouring for the "speedy justice". Please mind well, the chart tabulated above of the pending Workmen cases only ! There are thousands and thousands of such other cases under other laws wherein party clamouring for speedy justice are just denied that right!! Before any special act for that purpose, in the instant case, the Workmen''s Compensation Act, 1923 came into the picture, for every civil wrong, the citizen had even otherwise ordinary remedy available in the Civil Court of competent jurisdiction. The workers also accordingly used to get redressed their injustices by approaching the Civil Court, but unfortunately with the passage of time, since the cases of the workers demanding urgent disposals also got entangled and many a time lost in the stock piles of other cases quite delaying and virtually denying justice to them. To meet with this predicament of the helpless workers and to assist them by way of rendering cheap and expeditious remedy, the legislature with all its anxiety and wisdom thought it fit to come out with various special Acts, one of them appears to be the Workmen''s Compensation Act, 1923. When the legislature enacted the said Act, it was rightfully hoped that the cases of the workmen would be disposed of quite expeditiously giving them immediate award/ relief necessary for their sustenance but this pious hope unfortunately appears to have been just belied because the authority to which this act of rendering speedy justice was entrusted was none else but the very same Civil Judge who was already taking up other civil matters !! Not only this but to add fuel to the fire problem, after retirement of Judges, Commissioners, as the case may be, their posts are lying vacant not immediately filled-up -- as if the Government has no sensitivity of this problem ! This appears to have created a major problem in the part of ''speedy justice'' of the workmen ! Under the circumstances, if the object of any special Act and for that purpose giving speedy justice is to be made meaningful not only the Government is required to appoint the special Courts for the enforcement of the said purpose, but it is also further required to create the additional new posts by appointing altogether another person to preside over the proceedings instead of throwing the burden upon the very same judges and the Courts which are already overburdened with the various cases under other ordinary laws of the land. The Government must and accordingly ought to have considered the above but unfortunately it does not appear to be alive to the pressing need of "speedy justice" to the citizen ! With the growth of population, the problems regarding the law and order, and further with the growth of agriculture, industry, trade & commerce and other social welfare objectives there is a spree of legislations and corresponding increase in the litigation. Accordingly, if sufficient number of Judges and adequate number of Courts are not provided corresponding litigations were bound to rebound rather explode manifold to the miseries of the people ! In fact, if the Courts and judges are not to be proportionately increased to the corresponding requirements, the burden of the litigation is bound to go on further increasing over straining the very limited number of Judges, delaying the disposal of cases where the system is bound to reach the breaking point and give way and as a result shaking the faith of the people in the Administration of justice if not altogether losing faith in it. This in turn would be the bleakest possible day for the "Rule of law" and "Constitution" and "Democracy" !! This situation in no way is less worse than enemy taking possession even part of the country !! This is required to be seriously considered by all concerned. Is our Government alive to this!!
No doubt, in our country we have indeed an excellent picture, so far as the long catalogue of social, labour welfare legislations and other legislations are concerned ! We have perhaps the best of laws which we can take pride in the world. After independence, number of special Acts have came into existence and this exactly gives an idea of the concern of our legislatures in taking all possible care for justice to the poor, down-trodden and other weaker sections of the society. But if we look at the actual implementation, practical day to day working of these laws at the hands of the concerned public servants and the Courts anybody would be unfortunately simply stunned to find that all the objects of the beneficial legislation stands stranded and frustrated because there are no sufficient number of Courts and Judges to efficiently, expeditiously and effectively conduct the cases. To picturise the situation, it is just like the country having big dams, lakes, rivers, etc., full of waters and still the fields, people and animals around suffering from hunger and thirst left high and dry, and are deserted for want of water because there are no sufficient number of channels to take water from the said dams, rivers, lakes, etc. If without channels, dams and river water loses its comparative significance, similarly in the absence of sufficient number of Courts and Judges delivering speedy justice, merely from the statute book, no justice could ever be delivered and accordingly the society if not was to die of hunger and thirst for justice, for want of providing adequate number of Courts and Judges, at least was bound to suffer great hardship and inconvenience to the extent of losing its faith in the administration of justice. This picture, both the legislature and executive shall have to continuously bear in mind to make "Rule of law", social/labour legislation meaningful and effective to its fullest extent in the country. As stated above, the Supreme Court in the case of Sheila Barse (supra) have made some special observations, but it appears to have failed to click the effect to the desirable extent. Under the circumstances, no doubt Supreme Court''s suggestion for providing more Courts and more Judges to meet with the situation is by no means less sacrosanct to help solve the problem, I feel that the burden of duty ultimately falls upon the Parliament to give its utmost anxious consideration to the vexed problem of insufficient number of Courts and Judges while enacting the special Acts,'' and accordingly the executive is required to be directed to constitute as many number of Courts by appointing equal number of Judges as roughly.
In the result, this Civil Revision Application is allowed with costs. The impugned judgment and order passed by the learned Commissioner is hereby quashed and set aside. Having regard to the fact that the instant case is of the year 1985, the learned Commissioner is directed to hear and decide the same as expeditiously as possible. The rule made absolute.
The Registrar is directed to send a copy of the judgment to (i) Chief Secretary, Gujarat State, Gandhinagar, (ii) Secretary, Legal Department, Gandhinagar and ; (iii) Secretary, Law, Judiciary and Company Affairs, Central Government, New Delhi. Office is directed to issue writ immediately.