IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE NOOTY RAMA MOHANA RAO WRIT APPEAL No. 937 OF 2011 Between: The Municipal Corporation of Kurnool, Rep. by its Commissioner Sri P.Bala Krishna ..... Appellant AND M.Gangadhar and others .....Respondents The Court made the following : JUDGMENT: (per the Hon’ble Sri Justice Ghulam Mohammed) This Writ Appeal is preferred against an interlocutory order passed by a learned Single Judge in WPMP No. 37893 of 2010 in WP No. 6473 of 2009 dated 13.12.2010. The appellant herein is the writ petitioner. The writ petition was filed assailing the common order dated 25.1.2008 passed by the Industrial Tribunal/Labour Court, Anantapur, in a batch of Industrial Disputes, directing the appellant – Municipal Corporation to reinstate the workmen - respondents herein into service within one month from the date of publication of the Award with continuity of service but without attendant benefits and back wages for the break period. It also directed that the respondents – workmen are also entitled to equal wages on par with the similar category of workmen. Along with the writ petition, the appellant – Municipality also filed WPMP No. 8326 of 2010, wherein the learned Single Judge directed the appellant to pay to the workmen last drawn wages. The workmen filed WPMP No. 37893 of 2010 stating that though they were reinstated into service yet they are being paid at the rate of Rs.50/- per day and hence sought for a direction to the appellant to extend the minimum of the pay scale applicable to the last grade employees. The learned Single Judge by the order impugned in the writ appeal, directed the appellant herein to pay salary to the workmen at the minimum of the pay scale for the post of Class IV employees with effect from January, 2011. Aggrieved thereby the Respondent – Municipality preferred this Writ Appeal. Learned Advocate General contends that the respondents - workmen are engaged through a contractor and, therefore, the learned Single Judge has committed an error in directing the appellant Municipality to pay the salary to the workmen at the minimum of the pay scale for post of Class IV employees with effect from January, 2011 whereas they are entitled to be paid only at the rate of Rs.6,700/- per month with effect from 12.1.2011. In the circumstances of the case, the order passed by the learned Single Judge is modified directing the appellant Municipality to pay to the respondents – workmen at the rate of Rs.6,700/- per month with effect from 12.1.2011, in terms of G.O. Ms. No. 3 Finance (SMPC-II) Department dated 12.1.2011. It is made clear that no observations shall have any affect or reflection upon the merits of the case. The payments, as ordered above, shall be effected within a period of two months from today. The writ appeal is accordingly disposed of. No order as to cost. _____________________ Justice Ghulam Mohammed __________________________ Justice Nooty Rama Mohana Rao December 1, 2011 MAS