Labour Law Forums Get Digital Makeover: Delhi High Court's Landmark Judgment Promises To Revolutionise Functioning

Delhi: In a landmark judgment, the Delhi High Court has directed the Centre and state governments to take concrete steps towards digitising these forums, promising to revolutionise the way labour law forums function in India. A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela passed the directive while disposing of a Public Interest Litigation (PIL) filed by three young practising advocates, Arjun Mohan, Deeksha Prakash, and Saimon Farooqui.

The PIL had thrown a spotlight on the lack of transparency and accessibility in labour law forums across the country, where crucial information such as daily cause lists, orders passed by these forums, video conferencing links for online hearings, and names and leave status of presiding officers were not being regularly updated on official websites. The lack of transparency was causing immense hardship to both workmen and employers, who were finding it increasingly difficult to access justice efficiently and effectively.

Court Recognised Technology's Fundamental Role In Ensuring Access To Justice

The court was appalled by the lack of initiative taken by the authorities in implementing the petitioners' requests, despite their representations. The bench observed that numerous forums and officers under various labour legislations perform important functions that directly impact the rights of both employers and employees. These forums include conciliation officers, labour enforcement officers, tribunals, and judicial or quasi-judicial authorities.

The court recognised the fundamental role of technology in ensuring access to justice and emphasised that digitising processes such as publishing cause lists, orders, and hearing schedules would enhance transparency and reduce the hardships faced by litigants. The bench also noted that ensuring such digital availability would not only strengthen the functioning of labour forums but also advance the larger goal of justice in a welfare state.

In its order, the court directed the petitioners to submit exhaustive representations to the appropriate authorities in both the central government and the state government (Delhi), laying out their concerns and listing all the forums functioning under different labour enactments. The court also directed the respective governments to formulate a Standard Operating Procedure (SOP) for all labour law forums, outlining steps to be taken to ensure online access to proceedings, publication of orders, cause lists, and other relevant information.

The court expected the decisions on the representations to be made within three months of the date of their submission. The secretary or in-charge of each department was made responsible for ensuring a reasoned and timely decision. The court's directive is a big step towards ensuring transparency and access to justice in labour law forums, and it remains to be seen how the authorities respond to this directive.

The petitioners, who are young practising advocates, had instituted this PIL to highlight systemic shortcomings in the functioning of labour law forums. They argued that the lack of digital transparency in these forums was causing immense hardship to litigants and undermining the very purpose of these forums.

The court's judgment has stressed on the importance of technology in ensuring access to justice. The high court's directive is a major step in this direction, and it will be interesting to see how this judgment impacts the functioning of labour law forums across the country.