Supreme Court Raises Concerns Over Tribunals Engaging Contract Staff From Private Agencies, Calls For Better Service Conditions

The Supreme Court today(March 3) orally flagged two issues relating to the tribunals across the country that require immediate attention namely: the appointment of staff and the service conditions.

A bench of Justices Surya Kant and NK Singh was hearing a batch of petitions which broadly raised various issues regarding pendency vacancies, infrastructure and service conditions of the tribunals, etc across India and its members. 

While hearing so, Justice Surya Kant flagged the appointment of staff on a contractual basis from private agencies.

He said: "One important issue, probably in respect of all tribunals is that we are providing them the basic infrastructure-the judgment writers...I am Chairperson of the committee for one of these tribunals that deals with matter involving millions and thousands of crores. Now, the entire deputation came to me, met me, pointing out that we are permitted to engage staff on a contract basis. If tomorrow, someone takes away file of the case, who is going to protect us? So, I suggested one of your ministers that why don't you go for taking people on deputation while on Government service. They will be responsible people."

Justice Kant suggested to the Attorney General for India, R. Venkataramani, that the staff of the tribunals must be appointed on a deputation basis and not on a contractual basis. Alternatively, he suggested that some retired government officers could also be engaged. He reasoned that at least his would provide more security and safety in terms of the records entrusted to the staff.

Justice Kant added: "Now, getting from private agencies, what kind of employees will come? How much can you entrust them with original records? These are very sensitive issues. You have to understand the nature of Court working. The tribunal has the same kind of system. Today, if we have unknown staff here. Please identify all these issues and collate them. "

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Another issue on which Justice Kant responded was regarding the service conditions. Senior Advocate Arvind Datar stated that a serious issue regarding the four-year appointment tenure is being faced by all NCLTs. He said: "This kind of four-year appointment is not working out."

Stating that tribunals have become a reality which shares an enormous burden from the Courts, Justice Kant orally remarked: "Good candidates are not coming forward...We have offered to retired judges requesting them, please accept. They are declining only because of the conditions of service."

He also orally remarked that in terms of transfer and positing, the institutions need "internal inner-strengthening" of all tribunals. He stated that the Court expects the Union to come out with some "effect modicum" on this. He said: "Strengthening is very important so that litigants also have confidence in it."

Recognising the importance of the issues raised, the Court stated it would take up the matter every fortnight.

Case Details: MADRAS BAR ASSOCIATION Vs UNION OF INDIA|W.P.(C) No. 1018/2021 

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