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(2) The Central Advisory Board shall consist of persons to be nominated by the Central Government representing employers and employees in the scheduled employments, who shall be equal in number, and independent persons not exceeding one-third of its total number of members; one of such independent persons shall be appointed the Chairman of the Board by the Central Government."

60. I will deal first with the argument of the Learned Advocate General on this point. I have already held that the decision of the Supreme Court in State of A. P. case2 is not a binding precedent. But the Advocate General, relying on the decisions of the Supreme Court in State of Rajasthan, and J. Y. Kondala Rao and ors. v. Andhra Pradesh State Road Transport Corporation and ors., maintained that the functioning of the Minister in the dual capacity can only be attacked on the ground of bias ; but, for such an allegation, firstly, there is no proof and, secondly bias cannot be attributed to statutory functionaries. In State of Rajasthan case, , a Minister never figured in the proceedings of the Advisory Board but only Government officials. In Kondala Rao's case, , the Minister was a member of a consultative committee constituted under the Motor Vehicles Act for formulating a scheme for the nationalisation of transport and as. the Transport Minister of the Government, he sanctioned the scheme on behalf of the Government. That was not a case where the Minister functioned as a statutory functionary in two capacities as Chairman of the Board and as Minister for Labour charged with the duty to consult the Board and implement the decision of the Government. The scheme of the Motor Vehicles Act bears no comparison to the scheme of the Minimum Wages Act. In a conflict between the private operators and the State Transport Undertaking, the Motor Vehicles Act visualises that the State Government sits in judgment and resolves the conflict. The Supreme Court in para 14 of its decision, quoted with approval the ruling of Shah, J., in H. C. Narayanappa and ors. v. State of Mysore and ors., as follows :