Answer in 150 words. Support your answer with relevant legal provisions and judicial pronouncements:
"The role of certifying officer is not quasi-judicial but administrative in nature." Explain.
The statement correctly highlights that a certifying officer’s role, particularly under the Industrial Employment (Standing Orders) Act, 1946, is predominantly administrative rather than quasi-judicial.
Administrative Role:
The certifying officer verifies that draft standing orders submitted by employers conform to model standing orders and are fair and reasonable for workmen. Their function is to ensure compliance with statutory requirements, regularity, and clarity. They may suggest modifications to improve precision, fairness, and adherence to natural justice, but their task remains supervisory and regulatory. Importantly, they do not adjudicate disputes or decide upon rights and liabilities with judicial finality.
Not Quasi-Judicial:
A quasi-judicial authority typically hears evidence, determines facts, and renders binding decisions affecting rights after an adversarial process. In contrast, a certifying officer, though empowered to consider objections from workmen, is limited to certifying rules of employment. Their discretion is administrative, aimed at conformity and reasonableness, not dispute resolution. Hence, their function remains administrative in character.
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