IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No : 18124 of 1999 BETWEEN: A.P.S.R.T.C., Employees Union, Rep. by its Depot Secretary, Sri Ch. Venkateswar Reddy, Chirala Depot, ..... PETITIONER AND 1 Andhra Pradesh State Transport Corporation, Rep. by its Vice Chairman & Managing Districtor, Musheerabad, Hyderabad. 2 Andhra Pradesh State Road Transport Corporation, Rep. by its Regional Manager, Prakasam Region, Ongale. 3 Andhra Pradesh State Road Transport Corporation, Rep. by its Depot Manager, Chirala Depot, Chirala, Prakasam 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 will be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring that the payment of Wages Act, 1936 is not applicable to the Conductors and Drivers working in the Corporation since they are drawing more than Rs.1600/- per moth and declare the proceedings No. PA/781(2)/99-CRL dated 24-7-99 including the consequential order dated 31-7-99 imposing a penal wage cut of 8 days to 41 Conductors and 34 Drivers is illegal, arbitrary and consequently direct the respondents herein to refund the 8 days wage deducted from the salaries of 41 Conductors and 34 Drivers together with interest and grant such relief or reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner :MR.G.VIDYASAGAR Counsel for the Respondents : C.PRAKASH REDDY(SC FOR APSRTC) The Court made the following : ORDER : In this writ petition, the APSRTC Employees’ Union, through its Secretary, has questioned the order dated 31.07.1999, passed in Proceedings No.PA/781(2)/99-CRL, by the 3rd respondent-Depot Manager, Chirala Depot. 2. By the aforesaid order, the 3rd respondent has ordered for penal wage cut for a period of eight days on the ground that the employees named in the said proceedings have resorted to illegal strike. The said order was passed in exercise of powers conferred under the Payment of Wages Act, 1936 (hereinafter referred to as ‘the Act’). 3. The said order is questioned mainly on the ground that all the employees against whom the wage cut is ordered in the impugned proceedings, were drawing the salary more than Rs.1600/- per month. In that view of the matter, the very action is per se illegal, as the Act itself has no application to such employees. 4. Though the writ petition is of 1999, no counter affidavit is filed. 5. The very similar issue is considered by a learned Single Judge of this Court in the case of Tyre Retreading Shop Committee v. APSRTC[1], wherein, this Court has held that in respect of the workmen who were drawing the salary exceeding Rs.1,600/- per month, no wage cut can be ordered in exercise of powers conferred under the Act. 6. As much as the subject matter of this writ petition is covered in terms of the judgment of this Court referred to above, following the same, this writ petition is also allowed. No order as to costs. ______________________ R. SUBHASH REDDY, J 20th November 2008 ajr [1] 1999 (5) ALD 619