2021 (3) TMI 309

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....d for constitution/appointment of various benches of the NCLT. 3. The submission of the Petitioner is that NCLT benches are to be constituted and set up in all States and at this point there are only 19 judicial members and 22 technical members. Despite the heavy load of cases, the appointments to the NCLT and NCLAT are considerably delayed. 4. Mr. Harish Vaidyanathan, ld. Counsel appearing for the Respondents takes a preliminary objection that issues raised in this petition are fully covered by the judgment of the Supreme Court in Madras Bar Association v. Union of India & Anr, 2020 SCC Online SC 962. He specifically refers to paragraphs 13, 20, 26 and the concluding paragraphs where the Supreme Court has directed the formation of a ....

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....at the Petitioner prays for a direction to be issued to the Ministry of Corporate Affairs and the NCLT to assess the requirement of the number of tribunals of the NCLT and for this Court to formulate a rolling recruitment plan for the NCLT. 6. This Court has perused the judgment of the Supreme Court in Madras Bar Association (supra). Clearly, the judgment covers the issues which have been raised by the Petitioner, including in respect of appointments to Tribunals, enquiries against members, monitoring of the functioning and the filling up of vacancies in Tribunals, as well as assessment of the workload and providing all adequate infrastructure. The relevant findings of the Supreme Court read as under: "13. Mr. Datar also referre....

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....ts and Members from the Executive which will have a full-time Secretary performing the following functions: a) Selection of candidates; b) Re-appointment of candidates; c) Conducting of inquiry against Members; d) Sanction leave of Members wherever necessary; e) Monitor the functioning of the Tribunals, in particular, the arrears and disposal of cases and filling up of vacancies and ensuring adequate infrastructure; and f) Ensure adequate infrastructure and IT support. ... 20. In view of the preceding discussion, we direct the Union of India to set up a National Tribunals Commission as suggested by this Court by its order dated 07.05.2018 at the earliest. Setting up of ....