THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.20683 of 2009 ORDER: In this writ petition, petitioner seeks a mandamus declaring the action of the first respondent - the Authority under Payment of Wages Act-cum-Assistant Commissioner of Labour, Srikakulam, in entertaining the Case No.PW3/2009 and issuing notice, dated 05.08.2009, as arbitrary, illegal and without jurisdiction. Respondent No.2 herein is the applicant in Case No.PW3/2009, which was filed under the provisions of the Payment of Wages Act seeking payment of delayed wages. It is the case of the petitioner that respondent No.2 was working in a contract between the petitioner and the National Highways Authority, which is a Central Government Department, and the Assistant Commissioner of Labour, Srikakulam, is not having any jurisdiction to entertain his claim. Hence, the present writ petition. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Labour. The petitioner can as well raise the above plea before the first respondent Authority by filing a counter affidavit. There is no reason for the petitioner to invoke the jurisdiction of this Court questioning very notice, dated 05.08.2009, issued by the first respondent authority. In that view of the matter, I deem it appropriate to permit the petitioner to raise its objections, including the question of jurisdiction, by way of filing a counter affidavit in the claim petition filed by respondent No.2 in Case No.PW3/2009 before the first respondent authority. If any counter is filed raising such objections, the first respondent authority, while considering the claim of respondent No.2, shall decide the objections raised by the petitioner with regard to maintainability and jurisdiction to entertain the claim filed by respondent No.2. Subject to above observations and directions, the writ petition is disposed of, at the stage of admission. No order as to costs. ______________________ R.SUBHASH REDDY, J 8th OCTOBER, 2010. kvni