IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No: 15320 of 1999 BETWEEN: 1 A.Madhava Rao, S/o.Janardhan Rao, [The Srikakulam Dist PAC Socities Single Window) Employees Union, Rep.by its General Secretary, Srikakulam Zilla Pradhimika Vyavasaya Sahakara Parapathi Sangham Employees Union (Srikakulam Dist), 2 L. Mohan Rao, S/o.Sashinaidu, (Primary Agricultural Coop.Credit Society) R/o.Hira Mandal, Srikakulam District. 3 Padimarri Sastry, S/o.Mohankrishna Murthy, (Primary Agricultural Coop.Credit Society) R/o.Burja, Srikakulam District. 4 Mamidi Veyanaidu, S/o.Late Krishna Murthy, (Primary Agricultural Coop.Credit Society) R/o.Saravakota [Mandal] Srikakulam District. 5 Kanthali Krishna Rao, S/o.Shatragna, (Primary Agricultural Coop.Credit Society) R/o.Kanchili Mandal, Srikakulam District. ... PETITIONERS AND 1 Government of Andhra Pradesh, Rep.by its Prl. Secretary, Labour Employment & Training Development, Secretariat, Hyderabad. 2 The Commissioner and Registrar for Coop.Societies, Hyderabad. 3 The District Coop.Officer, Srikakulam District. 4 The Labour Officer, Amalapuram, East Godavari District. 5 The Commissioner of Labour, Viveknagar, Governmentof Andhra Pradesh, Hyderabad. 6 The Asst. Commissioner of Labour, Srikakulam, Srikakulam District. 7 The Divisional Coop. Officer, Srikakulam, Srikakulam District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents and orders in RC.No.66910/93-K2(PACS), Dt.10-9-1993 passed by 2nd respondent and orders in Rc.No.1931/96-B, Dt.23-9-1996 passed by the 7th respondent, in denying and not paying/not implementing the minimum rates of wages to the petitioners i.e., members of Primary Agricultural Co-operative Societies in Srikakulam District, as prescribed either Under the Schedule in the Minimum Wages Act, 1948 or as prescribed in the Schedule under the A.P. Shops and Establishments Act, 1988, as arbitrary, malafide, illegal, and violative of Articles 14,15,16 and 311 of the Constitution of India and quashing the said orders in Rc.No.66910/93-K2(PACS), Dt.10-91993 passed by the 2nd respondent, consequently directing the respondents to permanently pay/implement the minimum rates of wages including the Pay, Dearness Allowances, Provident Fund, and other allowances as on Consumer Price Index Basis, with all consequential benefits of back wages/arrears of remuneration, Seniority with interest at 12% per annum to the petitioners and members of the Srikakulam (Dist) Zilla Pradhamaika Vyavasaya Sahakara Parapathi Sangham Employees Union [the Srikakulam Dist PACS (Single Window)Employees Union] who are members of various Primary Agricultural Cooperaitve Societies and also on the basis of and in terms of G.O.Ms.No.56, Women Developmento and Child Welfare and Labour (Lab- II) Dept, dt.8-4-1991 (relating to Minimum Wages Act,1948) or in terms of G.O.Ms.No.33, W.D.C.W.S.L., Dt.6-3-1991 (relating to the A.P. Shops & Establishment Act, 1988) and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.EATHAKOTA VENKATA RAO Counsel for the Respondents: GP FOR COOPERATION The Court made the following: ORDER: This writ petition is filed for a Writ of Mandamus to declare the action of the respondents in denying the payment of minimum wages to the petitioners as illegal and arbitrary. 2. Heard the learned counsel for the petitioners and perused the pleadings and material on record. 3. The grievance of the petitioners is that the respondents have not been implementing the provisions of the Minimum Wages Act (for brevity “the Act’). 4. In the counter affidavit filed by respondent No.6, it is inter alia stated that the petitioners did not file claim petitions under the Act and hence no direction could be issued to Primary Agricultural Cooperative Societies in which the petitioners were stated to be working. 5. Since the claim for payment of minimum wages is rested on the provisions of the Act, the petitioners are entitled under the Act to move the competent authority in order to assert their rights, if any, available under the Act. The petitioners have not come out with any reasons to bypass the official machinery and invoke the extraordinary jurisdiction under Article 226 of the Constitution of India. In the first instance, the petitioners shall avail the remedies under the Act before approaching this Court. With these observations, the writ petition is dismissed, without going into the merits of the claims made by the petitioners, with liberty to them to avail appropriate remedies under the Act. There shall be no order as to costs. _____________________ C.V. NAGARJUNA REDDY, J December 23, 2008 DSK