Chamru Prasad Mehta vs The State of Bihar and Others

Nagendra Prasad Singh, J.—This application has been filed for quashing an order dated 25.7.1978 passed by the Anchal Adhikari, Purnea in exercise of powers under sub-section (3) of section 20 of the Minimum Wages Act directing the petitioner to pay Rs. 775/- to Jiyalal Rishidav (respondent No. 5). On behalf of the Petitioner, it was submitted that the Anchal Adhikari was exercising a quasi judicial power while determining the claim of the aforesaid respondent and as such he was expected to discuss the evidence on record in support of the claim made on behalf of the respondent. In my opinion, the contention raised on behalf of the petitioner is well-founded. The Anchal Adhikari has passed a cryptic order without mentioning as to how he was satisfied about the claim of the respondent for the amount aforesaid. It is true that while exercising the power under sub-section (3) of section 20 of the Act the authority is not required to discuss the materials on record like a civil court, but at the same time he is not expected to pass only an operative portion of the order. It is unfortunate that this case has remained pending for so many years before this Court.

However, in the facts and circumstances of the case. I am left with no option but to allow this writ application and quash the order dated 25.7.1978 (Annexure 8). I further direct that the learned'' Anchal Adhikari shall pass a reasoned order on the basis of the materials on record. In order to expedite disposal of the claim I have directed the petitioner to appear before him within one month from today. The Anchal Adhikari shall issue notice to the Labour Inspector who has filed claim on behalf of the respondent mentioned above. The Anchal Adhikari shall also consider the grievance of the petitioner that part of the claim was barred by limitation u/s 20 itself. It is made clear that the petitioner shall not challenge the jurisdiction of the Anchal Adhikari who has passed the order in question. The application is accordingly allowed.