THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT APPEAL NO.1169 OF 2010 24th February, 2011. Between: M/S ITD CEMENTATION INDIA LTD (SKANSKA CEMENTATION INDIA LTD) 1ST FLOOR, ANI WOOLTOX COMPOUND, 158, VIDYANAGAR MARG, KALIAN, SANTACRUZ, EAST MUMBAI AND ANOTHER .. APPELLANTS AND THE AUTHORITY UNDER THE MINIMUM WAGES ACT, 1948 AND THE JOINT COMMISSIONER OF LABOUR, WARANGAL AND OTHERS .. RESPONDENTS THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT APPEAL NO.1169 OF 2010 JUDGMENT: (PER THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU) A claim laid before the respondent 1 under section 20 of the Minimum Wages Act, 1948 by the respondent 2 against the appellants and respondents 3 to 5 came to be questioned before the writ court on manifold grounds, but of no avail to the respondents because of the view taken by the learned single Judge that the opportunity to oppose the maintainability of the claim is available to the petitioners even before the forum, the claimants have approached. There being nothing wrong with the view taken, we concur with it. However, we find substance in the argument of the learned counsel for the appellants that the stand taken by the respondent 1, a quasi judicial authority in his counter affidavit refuting the grounds of challenge taken by the appellants in the writ petition amounts to prejudging the matter. This impediment in our opinion can be overcome by withdrawing the claim from his file. We do so accordingly. Claim petition pending before the respondent 1 is transferred for adjudication to the Joint Commissioner of Labour, Twin cities, Hyderabad with a direction for its disposal in accordance with law and absolutely uninfluenced by the stand taken by the respondent 1 in his counter affidavit, with liberty to the appellants to raise the objections whatever in their armoury. Disposed of. (VILAS V.AFZULPURKAR,J) (NISAR AHMAD KAKRU, CJ) 24th February, 2011. Nagesh babu THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT APPEAL NO.1169 OF 2010 JUDGMENT: (PER THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU) 24th February, 2011.