MARKS EXPORTS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this batch of writ petitions, the petitioners have questioned the legality of the notification issued by the State Government under Section 19 and 20 of the Minimum Wages Act ('the Act' for short) designating Labour Officers of the respective divisions or area as Inspectors for the purpose of exercising power under Section 19 of the Act as also adjudicators for the purpose of adjudicating the claims preferred under Section 20 of the Act.

(2.) The facts of the case, in brief, are as follows : By notification dated 27-9-1984 issued by the State Government in exercise of its powers under sub-section (1) of Section 19 of the Act, *the Labour Officers were nominated as Inspectors for exercising the powers under Section 19 of the Act within the territorial area in respect of which they have been appointed as Labour Officers. Byan earlier notification dated 5-4-1983 each of these Labour Officers "had been appointed as 'designated authority' for the purpose of adjudicating all the claims preferred under section 20(1) of the Act. The contention of the petitioners has been that the effect of the two notifications was that the very officer who was appointed as an Inspector under Section 19 of the Act was also appointed as an adjudicator under Section 20 of the Act. In other words there has been combination of the power as a prosecutor and adjudicator hi the same person and that this was not only contrary to the scheme of the provisions of the Act, but also opposed to the basic notions of rules of natural justice and fair trial.

(3.) On the last occasion, after the learned cousel for the petitioners made their submissions on the above contention, the matter was adjourned to enable the State to consider as to whether it was not appropriate to nominate differeni officers for discharging the functions under Sections 19 and 20 of the Act.