In a case of arbitration, the Haryana Government on Friday ended up with a bloody nose incurring a fine of Rs 5 lakh after its conduct in pursuing an unnecessary litigation for several years before five forums irked the Supreme Court, which accused the State Government of ‘destroying the judiciary.’
Using harsh words to describe the conduct of the State body, the Haryana State Cooperative labour and Construction Federation limited, a Bench of Chief Justice JS Khehar, Justices DY Chandrachud and Sanjay Kishan Kaul was unsparing even towards the lawyer appearing for the public body holding him at fault for not advising its client to keep on filing appeal after appeal before five different forums.
The Bench said, “This is a classic case where we should impose heavy cost. You (State) are destroying the judicial system. You have till date visited six courts for a relief that you cannot get. How do you advise your client to file this appealIJ”
As the facts emerged, it became clear that the State body was barred by time under law to raise a dispute before any court. While the law provided for a time limit of 13 years, the case filed by the petitioner body fell foul of this rule as it could not explain an additional delay of five years and eight months beyond the 13-year period. Due to this gaping delay, the Court explained that no Court was willing to entertain the appeal.
Several appeals by the lawyer appearing for the State body failed to convince the Court to change its mind.