Courts must not behave like machines, says HC

Legal Correspondent

Shimla, Octoer 19

While dealing with the issue of maintainability of a writ petition in service matters of the employees of the state co-operative banks, the High Court said the courts should not behave like artificial intelligence machines but adopt a justice-oriented approach.

Justice Vivek Singh Thakur said, “Even if an institution does not fall within the expression of “State” or “instrumentality of State”, within the meaning of Article 12 of the Constitution of India, then also for appropriate given facts and circumstances such institution can be subjected to the jurisdiction of the High Court under Article 226 of the Constitution (writ petition).”

While allowing the petitions filed by the employees of the HP State Co-Operative Bank regarding their seniority and promotion disputes, the court directed the Registrar, HP State Co-Operative Bank, to subscribe to just and fair procedure, in service conditions, in order to regulate sponsorship of employees of the Bank for Diploma/ Certificate course, in order of seniority, on or before December 31, 2020.

The court further directed the Registrar to redraw the seniority, amongst all promotees, in Grade-IV, immediately after including all employees acquiring eligibility.

The court passed this order on a bunch of petitions filed by the employees of the Bank challenging the order of the Registrar whereby he has rejected the claim of the petitioners for seeking seniority and promotion on the basis of their educational qualifications and their length of service.

However, on the other hand, the state government and co-operative bank contended before the court that writ is not maintainable in the matters pertaining to the service conditions of the employees of the co-operative banks.

Rejecting this contention, the court said, “The Registrar, being a statutory authority and functionary of the State, performing his statutory function and any decision on the part of the Registrar with respect to specifying conditions of service of the employees must pass the test of Articles 14, 15 and 16 of the Constitution.”

It stated, “The courts have been established to do substantial justice and it is a cardinal principle of jurisprudence that being justice-imparting institutions, courts should adopt approach oriented to do justice instead of being too technical for rejecting the case on the basis of faulty, incomplete or imperfect pleading and, wherever possible, it should go beyond that to understand the grievance of the litigant and should try to redress the same within the framework of law and constitutional mandate.”