IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 5442 of 2000 Between: Road Transport Corporation Workers Union Regd .No.C2096/96 . Rep by its General Secretary D.Venkateswarlu. S/o. D.Ch.V.Rangaiah Head quarters Podili , Prakasam dist R/o. Podili , Prakasam dist. ..... PETITIONER AND 1 The Govt of India., Rep by its Secretary to Govt of India Ministry of Labour , Shram Shakti Bhavan Rafi Marg , New Delhi 2 The Govt of A.P Rep by its Secretary to the Govt of India (Labour Dept ) Secretariat Building , Saifabad Hyderabad. 3 The commissioner of Labour A.P Sri Anjaiah Karmika Samkshema Bhavan RTC X Roads , Behind Devi talkies , Chikkadapally Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to To issue an order or direction more particularly one in the nature of writ of Mandamus directing the respondents to delete the Provisions of Sec.1(6) of the Payment of Wages Act, 1936 by applying the doctrine of severability since , its existence is apposed to the Article 38 of the Constitution of India and thus offending the Fundamental Rights Guaranteed Under Art.14,16 and 21 of the Constitution of India , the respondents have rightly done so to the relevant provisions of the payment of Gratuity Act 1972 and the provisions of the Workmens Compensation Act, 1923 and periodically enhanced the wage ceiling in other social security loans like bonus Act , ESI Act , and BPF Act and the Hon'ble court may be pleased to pass such other order or orders. Counsel for the Petitioner: MR.DHONDAY RAM MANE Counsel for the Respondent No.: GP FOR FINANCE & PLANNING The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) The learned counsel appearing for the petitioner submits that the cause in the Writ Petition does not survive and the same has become infructuous. Recording the above submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ SANJAY KUMAR , J Dt. 16.02.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Govt of India., Rep by its Secretary to Govt of India Ministry of Labour , Shram Shakti Bhavan Rafi Marg , New Delhi 2 The Govt of A.P Rep by its Secretary to the Govt of India (Labour Dept ) Secretariat Building , Saifabad Hyderabad. 3 The commissioner of Labour A.P Sri Anjaiah Karmika Samkshema Bhavan RTC X Roads , Behind Devi talkies , Chikkadapally Hyderabad. 4. 2 CC to G.P. for GP FOR FINANCE & PLANNING , High Court of A.P. Hyderabad OUT. 5. 2 CD copies