The Muni.Corp.Of Hyd.Tank Bund Road, Hyd. v. The Auth.Under The Payment Of Wages Act And Asst.Commiand19 ORS

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.21040 of 2003 ORDER :

The writ petition is filed seeking a Writ of Certiorari calling for the records from the 1st respondent in connection with and relating to P.W.No.18 of 2002, dated 25.02.2003 and quash or set aside the same holding as arbitrary and illegal. Heard Sri L.Venkateswara Rao, learned Standing Counsel for GHMC, learned Government Pleader for Labour and also the learned Counsel appearing for the respondents/workmen. It has been contended by the learned Standing Counsel for GHMC that the respondents/workmen have approached the Authority under Minimum Wages Act by filing P.W.No.18 of 2002, contending that the minimum wages were not being paid and the Authority under Minimum Wages Act had erroneously allowed the claim made by the respondents/workmen and directed the GHMC to deposit an amount of Rs.56,700/-.

Challenging the same, the GHMC approached this Court by filing this writ petition.

respondents/workmen. The Authority had not properly appreciated the case. The payment of minimum wages would not be applicable in respect of Municipal Corporation. The Authority had failed to appreciate that the respondents/workmen were never engaged directly by the petitioner-Corporation, but they were engaged through a Contractor, and hence, there is no Master-Servant relationship between the petitioner-Corporation and the respondents/workmen. He contends that the writ petition be allowed and the orders passed by the Authority under Minimum Wages Act be set aside.

The learned Government Pleader for Labour contended that the Authority under Minimum Wages Act had rightly passed orders in favour of respondents/workmen and the petitioner-Corporation could not point out any grave irregularity or illegality in the orders passed by the said Authority. Therefore, the writ petition is liable to be dismissed.

This Court, having considered the rival submissions made by both the parties, is of the considered view that the Authority under Minimum Wages Act had rightly passed orders in favour of respondents/workmen and the petitioner-Corporation could not point out any grave irregularity or illegality in the orders passed by the Authority under Minimum Wages Act.

For the aforesaid reasons, there are no merits in the writ petition and the same is accordingly dismissed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 22nd November, 2018 Cbs

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.21040 of 2003 (dismissed) 22nd November, 2018 cbs