Haryana Tribunal row: HC defers implementation of notification

Sourcce: hindustantimes.com

The Punjab and Haryana high court on Friday deferred implementation of Centre’s notification on Haryana State Administrative Tribunal (SAT).

With this, the high court will hear Haryana government service-related petitions for now and also entertain fresh petitions. However, the agitating lawyers are to decide on Monday whether strike will continue or not.

The tribunal was notified by the Centre on July 24 and justice (retired) Sneh Parashar of Punjab and Haryana high court was appointed as chairman of the same. However, a day later, lawyers at high court went on strike as judges refused to hear Haryana employee-related petitions in view of Central notification. Lawyers see the SAT notification as ‘infringement’ on high court’s jurisdiction and are demanding rollback of decision.

As of high court intervention, it took suo motu note of representation given by Punjab and Haryana High Court Bar Association (PHHCBA) to chief justice Krishna Murari, seeking rollback of the decision.

The court, besides issuing notice to Haryana and Centre on Friday, deferred the implementation of tribunal notification as state’s advocate general BR Mahajan admitted before the court that the appointment of the administrative members of the tribunal has been notified and, thus, there is no constitution of the bench nor the seat of the principal bench of the tribunal has been notified. It also came to light that a single member can neither decide the matter, nor take it up.

Mahajan has further told the court that formalities required for appointment of the administrative members of the tribunal as well as issuance of a notification for the seat of the Principal Bench is likely to take some time and in the circumstances it would be in the interest of the litigants that the implementation of the notification be deferred for some period so as to enable the state to complete the formalities.

“In the absence of constitution of the Principal Bench of the Tribunal and the notification with respect to the seat of the Principal Bench of the Tribunal the litigating public would be left without any remedy which would result in total failure of justice delivery system,” the full bench presided over by chief justice Krishna Murari observed while deferring implementation of the notification.

Speaking after the high court order, the bar executive member said, “Though the matter has been rested for now but the persistent demand of the lawyers is to scrap the tribunal itself for which a general house meeting of the Bar Association has been called on Monday to decide the further course of action.” PHHCBA secretary Rohit Sud said any decision on strike will be taken by the general house of the high court Bar.

WHAT IS THE DISPUTE

Manohar Lal Khattar-led government sent a proposal to create the SAT to Centre in 2015. Government says move will help in bringing down pendency in high court and employees’ grievance redressal system will get expedited. In the years to come, with more benches, they will not have to travel to Chandigarh, for ‘smallest of the issues’.

However, lawyers say that the government is adding another layer to justice delivery system. They also argue that the state is interfering in high court’s jurisdiction and bringing in retired judges, who are ‘half-independent’, ‘pliable’ as their service conditions are at the ‘mercy’ of government. Lawyers had gone on strike against the move.