Judgment · High Court · 2011

The apprehension entertained by the writ petitioners is that, the 1st respondent Assistant Commissioner of Labour, Vizainagaram who has initiated the proceedings under sub-section (2) of Section 20 of the Minimum Wages Act is acting as a prosecutor against the present writ petitioners. Therefore, if he also starts discharging the functions of an appellate authority, into a related claim raised by the employees against the present set of petitioners herein, he may not be able to entertain the same objectively, because of his status as a prosecutor in the case initiated by him, before the Joint Commissioner of Labour, Visakhapatnam. This apprehension appears to be fair and reasonable. Justice must not only be done, but must appear to have been done, is a fundamental principle, to be adopted and followed by every adjudicating agency. I, therefore, consider it appropriate to direct the Joint Commissioner of Labour, Visakhapatnam to make over the pending proceedings under the Shops and Establishments Act, raised by the 2nd respondent workman, pending before the Assistant Commissioner of Labour, Vizainagaram to any other Assistant Commissioner of Labour, Visakhapatnam. Since the request of the petitioners is not opposed by anyone, taking on record the memo filed by the writ petitioners, I direct the Joint Commissioner of Labour, Visakhapatnam to make over the pending cases raised by the 2nd respondent workman herein and transfer the same for adjudication to any other Assistant Commissioner of Labour at Visakhapatnam. It is needless to observe that upon transfer of the case files, the said Assistant Commissioner of Labour will put the respondent workman as well as the petitioners herein on notice and hear the matter afresh and decide the lis. All the Writ Petitions are disposed of with this order. No costs. ---------------------------------- Nooty Ramamohana Rao, J 22nd February 2011 // TRUE COPY // ..... REGISTRAR SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}