The absence of a labor court in the Bara-Parsa industrial corridor has forced both workers and employers to travel all the way to Kathmandu to seek legal redress. This has increased the time and financial burden for both parties, discouraging them from pursuing justice.
With labor-related cases from across the country piling up in Kathmandu’s labor court, the backlog of cases continues to grow, further delaying verdicts.
Laxman Kurmi, former president of the Nepal Trade Union Congress (Madhesh Province), said the lack of a local labor court has caused immense hardship for workers. “Workers who already struggle to make ends meet are forced to leave everything behind and travel to Kathmandu to seek justice,” he said. “We’ve repeatedly demanded the establishment of a labor court in the Bara-Parsa corridor, but nothing has been done so far.”
Kurmi noted that since Ajay Kumar Chaurasia—Minister for Law, Justice and Parliamentary Affairs—is from Parsa, he is in a position to take the initiative. “Given his influence and background, establishing a labor court in Birgunj should not be difficult,” he said. “There’s strong justification for such a court in a region with a large concentration of industrial activity.”
All three major workers’ organizations have called for a labor court in the corridor, a demand echoed by the business community. Hari Gautam, President of the Birgunj Chamber of Commerce and Industry, said the current system is flawed. “Workers who face injustice in places like Jhapa or Mahendranagar have no option but to travel to Kathmandu,” he said. “Even employers are forced to go there, which neither benefits the workers nor the businesses.”
Gautam emphasized that the region, with over 50,000 workers and hundreds of industries, urgently needs its own labor court. “Although precise figures are lacking, there are estimated to be 800 to 1,200 industries in Bara and Parsa,” he said. According to the National Economic Census 2018 (2075 BS), Parsa has 1,646 industrial establishments, while Bara has 1,225. Additionally, 126 agriculture, forestry, and fishery enterprises are registered in Parsa and 152 in Bara.
Legal Provisions Exist, But Remain Unimplemented
Section 151 of the Labor Act, 2017 (2074 BS) allows the government to establish labor courts through a notice in the Nepal Gazette. However, this provision remains unimplemented in the Bara-Parsa region.
Advocate Ram Narayan Kurmi said that despite having over a thousand industries, the government has yet to act. “Labor disputes continue to go unheard locally,” he said. “Even though Section 158 of the Labor Act permits the government to assign labor court duties to the High Court, this too has not been put into practice.”
According to the Act, once designated via a Gazette notice, a High Court can exercise all powers of a labor court, including having a chairperson and two members—either sitting judges or individuals qualified to be High Court judges.
Gautam added that designating the Janakpur High Court's temporary bench in Birgunj to function as a labor court would offer immediate relief. “This would provide easier and faster access to justice for both workers and employers,” he said. “Establishing such a court aligns with the principles of federalism and decentralization and would strengthen the legal infrastructure of the region.” -- RSS
