Appeals by PSUs - Should we clog the system?
As is well known, appeals to the Tribunal by Public Sector Undertakings need the clearance from the Committee on Disputes which may come after five or six years. In the meantime these PSUs invariably file appeals with the Tribunal so that later their appeals are not dismissed as time barred. And what happens in the Tribunal? After some time, these appeals are dismissed as there is no clearance from the COD, however granting an opportunity to seek restoration of the appeal as and when the clearance is obtained.
See the steps in the system:-
1. A jurisdictional Commissioner or Commissioner(Appeals) passes an order against a PSU;
2. The PSU prepares an appeal with all the formalities of an appeal, like paper books, hundreds of pages of copied documents and these are religiously transported and deposited with the Tribunal.
3. Simultaneously take up the matter with the Committee of Secretaries.
4. When the matter comes up for hearing in the Tribunal, adjournment is sought as the clearance is yet to be received.
5. After a few hearings, the Tribunal dismisses the appeal for want of clearance from COD, but however allows an opportunity to seek restoration.
6. The permission from COD is received.
7. Application for restoration filed in the Tribunal.
8. Tribunal allows restoration
9. Appeal will come for listing in due course.
How much of paper, stationery and precious man hours are wasted for this totally avoidable procedure? Should valuable judicial time be spent in dismissing and restoring the appeals by PSUs? In the court, precious time is lost on this insignificant piece of work. The members have to pronounce the order in the court, somebody has to type it out and make about 20 copies, the honourable members have to sign it and then the registry has to issue a certified copy and then despatch it to several people - at the time of dismissing the appeal. At the time of restoration - ditto!. Can we really afford this luxury?
Why can't we do away with this useless unproductive work? Why can't we change the law so that PSUs can file their appeals after obtaining clearance from COD? If they don't give it (Strictly, the COD cannot refuse permission to appeal; In Canara Bank v Power Grid Corporation of India Ltd, the Delhi High Court held that "it does not lie with the High Power Committee to refuse clearance; it has only two options - either to resolve the dispute or to grant clearance for the litigation.") at least the appeal papers can be saved.