THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.22691 OF 2009 Dated: 23.12.2009 Between: M. Yellappa and 15 others. .. Petitioners And 1. Government of Andhra Pradesh, rep. by The Secretary, Industries & Commerce (Tax) Department, Secretariat, Hyderabad (A.P.) and 3 others. .. Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.22691 OF 2009 ORDER : This writ petition is filed seeking a declaration that the order passed by the 2nd respondent – the Authority appointed under the Minimum Wages Act, 1948 –Deputy Commissioner of Labour, Kurnool, dated 24.8.2009 dismissing M.W.Case No.1 of 2009 filed by the petitioner claiming minimum wages as arbitrary and illegal. I have heard the learned counsel for the petitioner, the learned Government Pleader for Labour as well as the learned counsel appearing for the 4th respondent society and perused the counter- affidavit filed on behalf of the 4th respondent. The material on record shows that the petitioners herein, who are the employees of the 4th respondent society, filed M.W.No.1 of 2009 before the 2nd respondent on 8.4.2009 under Section 20 (3) of the Minimum Wages Act, 1948 complaining about the payment of wages less than the minimum wages fixed under G.O.Ms.No.56, dated 22.6.2007. Despite notice, since there was no response from the 4th respondent society, the 2nd respondent while setting the society ex parte by order dated 23.6.2009 directed the society to deposit a sum of Rs.1,77,528-24 ps towards the claim amount (difference in wages). Subsequently, the society filed an application with a prayer to set aside the ex parte order dated 23.6.2009 and having considered the same, the 2nd respondent had not only set aside the order dated 23.6.2009 but dismissed the main M.W.Case No.1 of 2009 itself on the ground that the complaint made by the petitioners was the subject- matter of W.P.No.11714 of 2008 pending on the file of this Court. Aggrieved by the said order, dated 24.08.2009, the present writ petition is filed. It is true that initially the petitioners filed W.P.No.11714 of 2008 challenging the action of the society in not paying the minimum wages and during the pendency of the said writ petition they also moved the 2nd respondent - The Authority appointed under the Minimum Wages Act, 1948 – for redressal of the very same grievance. However, W.P.No.11714 of 2008 has been disposed of by this Court today by a separate order observing that it would be appropriate for the Statutory Authority to make the necessary enquiry and pass appropriate orders in accordance with law. Now that the said writ petition has been closed, the 2nd respondent is bound to consider the petitioner’s complaint following due process of law. The learned counsel appearing for the 4th respondent society submitted that the society has already filed its counter before the 2nd respondent. In the circumstances, I deem it appropriate to restore the proceedings in M.W.No.1 of 2009 on the file of the 2nd respondent. Accordingly, the impugned order dated 24.08.2009 as well as the earlier ex parte order dated 23.6.2009 passed by the 2nd respondent are hereby set aside and the Writ Petition is disposed of with a direction to the 2nd respondent to pass appropriate orders on merits in M.W.No.1 of 2009 afresh in accordance with law after hearing the petitioner as well as the 4th respondent society as expeditiously as possible preferably within a period of 3 months from the date of receipt of this order. Writ Petition is accordingly disposed of. No costs. ______________ G. ROHINI, J. Dt. 23.12.2009 Note:- CC in 3 days. (B/O) gbs before the 2nd respondent on 8.4.2009 under Section 20 (3) of the Minimum Wages Act, 1948 complaining about the payment of wages less than fixed under G.O.Ms.No.56, dated 22.6.2007. Despite notice since there was no response from the 4th respondent society the 2nd respondent while setting aside the ex parte by order dated 23.6.2009 directed the society to deposit a sum of Rs.1,77,528-24 ps towards the claim amount (difference of wages) itself. While so, subsequently the society filed an application with a prayer to set aside the ex parte order dated 23.6.2009. Having considered the same,