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6. In Workmen in Buckingham and Carnatic Mills v. Buckingham and Carnatic Mills Madras (1970-I-LLJ-26) the Senior Labour Officer who was the enquiry officer, put certain question to the witnesses and elicited answers from them. A silimar criticism raised in that case that he acted both as Prosecutor and the Judge when he recorded evidence in the case-was rejected by the Supreme Court. Their Lordships observed as under at p 31: -

"There is no warrant for the criticism levelled by the appellant that the senior labour Officer has acted both as the prosecutor and the judge when he recorded the evidence in this case. No dobut there was no officer separately conducting the prosecution on the side of the management, but what the labour Officer had done, as evidence by ExM.9 was to put questions to the witnesses and elict answers and allow the worker to cross-examine those witnesses. Similarly he has also taken the statements of the worker and asked for clarification from him wherever necessary. Therefore, the enquiry proceedings, as held by the Labour Court have been completely fair and impartial."