Poor Labourers Forced To Fight Tooth And Nail To Get Justice, Sorry State Of Affairs In Constitutional Courts: Delhi High Court

The Delhi High Court has said that it is a sorry state of affairs in the Constitutional Courts of the country that the poor labourers are forced to fight tooth and nail to get justice for themselves.

While dealing with a case which took more than two decades to reach to a conclusion leaving a poor worker in a “state of profound uncertainty”, Justice Chandra Dhari Singh said:

“The ramifications of such delay are immense as the same leads to loss of faith in the legal system and the poor litigants find themselves trapped in a never ending cycle of waiting for justice.”

The court observed that a swift and efficient justice is not only the fundamental right of the citizens of the country but also one of the cornerstones of a thriving democracy.

“This inordinate delay underscores a reality which is disheartening and the judiciary‟s efficacy in catering to the needs of the less privileged seems to have faltered and this Court firmly believes that it is high time that the Constitutional Courts of this Country should step up in giving speedy justice to the citizens,” it added.

The plea was moved by Vallabhbhai Patel Chest Institute seeking a direction that a casual and daily wager who was working as a pump operator in the hospital since 1985 was not entitled to any relief including an award passed in his favour by the Industrial Tribunal. The hospital was directed by the Tribunal to reinstate the workman along with full back wages and continuity of services.

Dismissing the hospital's plea, the court said that despite a favorable award, the workman was moving from pillar to post to get it implemented which defeats the entire purpose of granting him a relief in the first instance.

“The timeless adage "justice delayed is justice denied" resonates strongly in the present case, where such a delay can only be interpreted as a failure of this Court to meet the rightful expectations of the economically disadvantaged. Even though various stakeholders in the country strive for instant justice, the same is yet to be achieved,” the court said.

It added that though the writ petition was pending since 2003, the matter was listed 39 times and no decision was taken.

While upholding the Tribunal's order, the court said: “The instant case took more than two decades to reach to a conclusion and the said prolonged delay has left the litigant/poor worker in a state of profound uncertainty. The ramifications of such delay are immense as the same leads to loss of faith in the legal system and the poor litigants find themselves trapped in a never ending cycle of waiting for justice.”

Counsel for Petitioner: Mr. M.K.Singh, Advocate

Counsel for Respondents: Mr. Jawahar Raja, Ms. Meghna De, Ms. L.Gangmei and Ms. Aditi, Advocates

Title: VALLABHBHAI PATEL CHEST INSTITUTE v. NISHIKESH TYAGI & ANOTHER

Citation: 2024 LiveLaw (Del) 182

Click Here To Read Order