SC imposes Rs 15,000 fine on UP govt for delay in filing appeal
Nov 30, 2020
New Delhi [India], November 30 : The Supreme Court has imposed a cost of Rs 15,000 on the Uttar Pradesh government for filing an appeal in a case with a delay of 1,006 days observing that cautions extended to state governments from time to time are falling on deaf ear.
A Bench headed by Justice Sanjay Kishan Kaul irked with the Uttar Pradesh government noted that no action is ever taken against the personnel responsible for the delay and to save their skin, these appeals are filed wasting judicial time.
The bench, while imposing costs of Rs 15,000 on the Uttar Pradesh government and dismissing the appeal, said the court has had an opportunity to deal with such matters and have extended cautions to the state governments not to come to this court only to obtain the certificate of dismissal what we have called as "certificate cases", so as to put a quietus to the matter and absolve the officers of the responsibility of not having performed their duties.
"If the petitioners feel that the period of limitation prescribed by the Legislature is not sufficient, given their inefficiencies and incompetence, then it is for them to persuade the Legislature to change the Law of Limitation so far as applicable to the Government is concerned. Till the Law remains, it must be applied as it stands," the bench said in its order passed last week.
The appeal was filed against a labour court order award passed on November 5, 2009, in favour of one Prem Chandra who was engaged as a Beldar/Chaukidar on August 1, 1985, and claims to have continuously worked for up to April 30, 1987. He had raised an industrial dispute as he was retrenched without following due process of law.
The Allahabad High Court had in 2017 also upheld the trial court order. However, the appeal in the Supreme Court was filed after a delay of 1,006 days and a refiling delay of 235 days.
The bench said it has set out the facts of the case to show the "callous manner" in which these proceedings have gone on.
"The fact that the matter should have gone on for two decades before the Tribunal in case of a labour dispute is itself a travesty of justice. That the petitioner (government) takes its own time to assail the same before the High Court is the next stage and finally, it has taken them almost three years to get this petition before the Supreme Court," the bench said.
The apex court noted that the reasons stated in the application for condonation of delay are usual, showing the file moving from one place to the other.
"We have had an opportunity to deal with such matters and have extended cautions to the State Governments not to come to this Court only to obtain the certificate of dismissal what we have called as "certificate cases", so as to put a quietus to the matter and absolve the officers of the responsibility of not having performed their duties. It appears that the cautions extended from time to time are falling on deaf ear," the order said.
The bench, while imposing the cost, also said that the state government should recover the costs from the officers responsible for the delay.
