4.This Court is unable to appreciate the arguments advanced on behalf of the petitioner/Management that the II Additional Labour Court was biased against the Management for the simple reason that the Management was set ex-parte in view of their non-appearance on the particular date. The case, which is pending before the II Additional Labour Court, cannot be transferred to any other Court at the instance of the Management, particularly on certain presumed apprehension against the Court. If such transfer is ordered it will give wrong signal and it is not in the interest of the subordinate judiciary to function independently. Even assuming that some wrong orders being passed by the Labour Court, the Presiding Officer cannot be changed. Moreover, it is seen that the same Court has allowed the application to set aside the ex-parte order and the ex-parte order was set aside. Further, the cost which was imposed also not huge or unbearable. According to the learned Counsel, the cost has also been paid. Therefore, this Court is unable to understand as to how the present writ petition can be entertained in the face of the Labour Court ordering the I.A. filed, at the instance of the Management itself.
