Complainant Jawahar Lal Prasad by filing this complaint has alleged that as dismissed worker of M/s Nicco Corporation Ltd. (Cable Division) filed a case before the 2^nd Labour Court of Kolkata being Case No.45/2007 against his dismissal by that company and as per provision of Section 10 (2A) of the Labour Law the award must be made by the Labour Court within three months to the government but company whimsically and unjustly started delaying the process of justice by using their social and financial influence and being dissatisfied with the said delay the complainant prayed for early disposal of his case before the Ld. 2^nd Labour Court and also made complaint at different judicial institutions including Chief Minister, Law Minister, Judicial Department etc.  But the complainant did not get any response from the Labour Department and so he furnished one application u/s 6 of RTI Act, 2005 by paying the required feed of Rs.10/-.  But unfortunately he failed to get any result inspite of making first appeal and 2^nd appeal u/s 19 of the said act before the op no.2 & 3  for continuous deficiency in service and also defeat the purpose of enactment of the said Act.

          Subsequently, complainant forced to file his 1^st appeal before the op no.2 on 11.09.2012 and getting no response filed the 2^nd appeal before the op no.3 on 31.10.2012.  But no result is received as yet.  Then complainant wrote a letter on 31.12.2012 to op no.3 to take appropriate step so that the complainant may not be forced to file the matter before this Forum.  But fact remains the RTI Authority did not take any action and in the circumstances, complainant filed this complaint for proper relief against this op.

          On the contrary op by filing written statement submitted that in all respect op supplied information in respect of which the materials were in the hands of the op and also reported that the 2^nd Labour Court was vacant and in the said Court one Smt Sarbani Chatterjee has been appointed and that was informed and most of the information was related to clarification of the provision but those matter was not within the jurisdiction of the Labour Department.  So, in respect of that the op reported that this matter may be placed before the competent Court who may allow but otherwise op acted as per spirit of RTI Act, 2005 and also as per direction of Appleate Authority.  Further it is submitted that practically complainant’s main grievance is that his case is not being disposed of by the Labour Court since 2007 and for which the present complaint should be dismissed.

                                                Decision with reasons

          With painful heart the complainant no doubt appeared before this Court for not getting justice from the Ld. Labour Court since 2007 and fact remains that complainant sought for information from the Ld. Labour Department when he shall have to get such relief and why the provision of Section 10 (2A) of the Labour Act is not complied with other legal procedures and in this regard after hearing the complainant personally and the Ld. Lawyer for the op and also considering the annexure we have gathered that main allegation of the complainant is/was for not getting justice in time from the Ld. Labour Court in respect of his pending case bearing No.45/2007 and after considering the application under RTI Act 2005 and also a copy of bill, it is clear that complainant always sought for information about the Court affairs but fact remains that there was no scope on the part of the Labour Department to say anything about the Court affairs.  But at best complainant ought to have filed such application before the Ld. Labour Court Judge in this regard.  But fact remains that his case has yet not been disposed of by the Ld. Labour Court.

          But it is clear that Labour Department has no control over the Ld. Labour Court and so there was no scope to give any further information to the complainant by the op and after proper consideration of the papers as filed by the complainant regarding his claim, it is found that the whole matter ought to have been brought to the notice of Hon’ble High Court in this regard for relief.

          Anyhow after considering the papers submitted by the ops, it is clear that the op time to time supplied all information and also informed that one officer has already been appointed as Judge of 2^nd Labour Court.  So, there was no deficiency, negligence in service on the part of the op.  But anyhow the matter is no doubt painful in view of the fact that a simple matter in the Labour Court has not been disposed of since 2007 and fact remains speedily disposal is the prime consideration of any judicial administration whether it is Ld. Labour Court or any other Court so that relief seeker may get relief at once and at the same time it is the duty of the court to dispose of the matter at an early date and otherwise the justice shall be denied and no doubt in this case complainant has not got any justice from the Ld. Labour Court till to date and we are very much anxious when this complainant shall have to get result from the Ld. Labour Court.

          Though we are aware of the fact if we work diligently in our respective Bench, invariably the relief seekers shall get justice at an early stage and it is the experience of the President during his judicial carrier for about 30 years.

          So, in the above critical situation we may ask the complainant to pray before the Ld. Labour Court or to the Chief Judge of Ld. Labour Court in this regard for expediting his trial in respect of his case being No.45/2007 pending before the Ld. 2^nd Labour Court, Kolkata for relief.  But anyhow the complainant has not able to prove any deficiency on the part of the op.  But if any deficiency is alleged it may be alleged against the Ld. 2^nd Labour Court of Kolkata.

          In the result, the complaint fails.

          Hence, it is

                                                         ORDERED

          That the complaint be and the same is dismissed on contest without any cost against the op.

          By dismissing this case we are directing the Principal Secretary of Labour Department, Govt. of West Bengal to keep watch about the vacancy of the Ld. Labour Court and in this regard Principal Secretary of Labour Department is directed to fill up the vacancy of all the Labour Courts at once and in all respect the Ld. Labour Court must be headed by the Judges or Officers without keeping the Court vacant for long period and it is fact that there is and was some negligence on the part of the Labour Department to keep of Labour Court always running with Officers.  So, in future Principal Secretary of Labour Department shall keep such watch so that at any point of time no Labour Court shall be kept vacant for months together.