ENTRENONDE POLYCOATERS LTD Vs. KAMGAR SABHA THANE

JUDGEMENT

(1.) RULE. By consent Rule is made returnable forthwith.

(2.) RESPONDENT No. 1 moved an application for transfer of the proceedings from the Court of Shri Akolkar, Judge of the Industrial Court, Nasik making the allegations of bias against him. The President of the Industrial Court by the impugned order passed on August 20, 1996 has found that the allegations were not justified. Despite these findings, he has proceeded to pass an order of transfer of the proceedings to the Court of Shri J. P. Limaye, Member of the Industrial Court, Thane. This order he has styled as an administrative order of transfer. In our view, the impugned order of transfer is wholly unjustified and the same could not have been passed in the teeth of his finding that the allegations of bias were wholly unjustified.

(3.) THE impugned order, in the circumstances, is set aside. Rule is made absolute. Shri Akolkar, who have no doubt, will conduct the proceedings dispassionately and without being affected by the application having been made for transfer.