The Assistan Director Of Horticulture v. The Authority Under Payment Of Wages Act Cum Assistant

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.23679 of 2002 ORDER:

This writ petition is filed seeking a writ of mandamus declaring the order of the 1st respondent in I.A.No.2 of 2002 in P.W.Case No.8 of 1997, dated 28.05.2002 as without jurisdiction and contrary to the provisions of the Payment of Wages Act, 1936 (for short 'the Act') and the set aside the same and sought for a consequential direction to dismiss P.W.Case No.8 of 1997 on the file of the Authority under Payment of Wages Actcum-Assistant Commissioner of Labour, Sangareddy. Heard the learned Government Pleader for the petitioner and the learned Government Pleader for Labour.

It has been contended by the petitioner that the unofficial respondent filed a case i.e. P.W.Case No.8 of 1997 before the Authority/Assistant Commissioner of Labour under the Act claiming minimum wages under Section 22(f) of the Act and while the said case is pending, the petitioner herein filed I.A.No.2 of 2002 contending that the Authority under the Act has no jurisdiction to

entertain the case filed by the unofficial respondent, as the petitioner is a Government Department. The Authority under the Act was pleased to consider the said I.A. and dismissed the said I.A. on 28.05.2002 and listed the main case on 19.06.2002 for further hearing. Challenging the said interlocutory order passed by the Authority, the present writ petition is filed. It has been contended by the petitioner that the Authority under the Act has no jurisdiction to entertain the case filed by the unofficial respondent and on this ground alone, the order passed in I.A.No.2 of 2002 is liable to be set aside.

This Court, having considered the rival submissions made by both the parties, is of the considered view that the Authority under the Act has rightly dismissed I.A.No.2 of 2002 filed by the petitioner and it had directed the main case to be heard on merits. So far, the main case i.e., P.W.Case No.8 of 1997 is pending and the petitioner has liberty to raise all the contentions before the Authority under the Act and the Authority under the Act shall adjudicate P.W.Case No.8 of 1997 on merits and pass appropriate orders within a period of four (04) weeks from the date of receipt of copy of this order.

With the above observation, writ petition is dismissed. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed.

_______________________________ ABHINAND KUMAR SHAVILI,J Dt: 12.11.2018 dv