High Court Takes Stern Action Against Administrative Apathy
The Rajasthan High Court has taken strong exception to the prolonged non-compliance of a Labour Court order and the subsequent seven-year delay in granting prosecution sanction against officials who failed to enforce it. In a significant move, the court has ordered the principal secretary of the Department of Personnel (DoP) and the additional chief secretary of the Public Health Engineering Department (PHED) to appear before it in person on November 28.
The Case That Sparked Judicial Intervention
The direction came during the hearing of a petition filed by Mukarram Hussain on November 21. Arguing in court for the petitioner, counsel CP Sharma revealed that the Labour Court ruling dated March 28, 2017, had ordered that Hussain be treated as a semi-permanent vehicle driver with effect from April 1, 1982. However, the Department of Personnel consistently failed to implement this order over several years.
As a direct result of this administrative inaction, the petitioner filed a fresh application under Section 29 of the Industrial Disputes Act, 1947 before the Labour Commissioner. This application sought prosecution sanction against the officials responsible for failing to implement the Labour Court's clear directive. Following proper procedure, the Labour Commissioner sent a written request to the DoP seeking the necessary prosecution sanction.
Seven Years of Waiting for Justice
Despite the clear legal requirement, the Department of Personnel failed to grant sanction even after seven long years. This extraordinary delay forced the petitioner to approach the High Court through a writ petition challenging what amounted to administrative indifference toward judicial orders.
Hearing the matter, Justice Ganesh Ram Meena of the High Court made crucial observations about the case. The judge remarked that the DoP's "sluggish and indifferent approach" completely defeated the very purpose of Section 29 of the Industrial Disputes Act, which is specifically designed to ensure effective enforcement of Labour Court awards.
The court also noted that such extensive delays not only dilute the sanctity of judicial orders but also systematically deprive petitioners of timely justice. To ensure compliance with its latest order, the court has instructed the registrar (Judicial) to serve the court order to both officials through a special messenger, underscoring the seriousness with which it views this matter.
