IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No: 7202 of 2008 Between: Mandal Parishad Development Officer, Mandal Parishad, Sadashivapet, Medak District, ..... PETITIONER AND 1 The Authority under Payment of Wages Act and Joint Commissioner of Labour, O/o.Commissioner of Labour, Sri Anjayya Karmika Bhavan, RTC X Roads, Hyderabad-20. 2 K.Ramulu,S/o.Narismhulu, Ex.N.M.R.Worker, C/o.A.P.Work Charged Employees State Union, Latha Complex, Opp; New Bus Statnd, Sanga Reddy, Medak District. .....RESPONDENT(S) 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 to issue a writ order or direction more particularly one in the nature of writ of Certiorari by calling the records in P.W.No.2-2006 pending before the 1st respondent herein and quash the same as arbitrary, ilegal, unconstitutional and consequently set aside the order passed by the 1st respondent in I.A.No.2/2006 in P.W.No.2/2006 dt.08-08-2007, and pass Counsel for the Petitioner:MR.G.ELISHA Counsel for the Respondent No.: GP FOR LABOUR The Court made the following : ORDER: It is the case of the petitioner that he is the Mandal Parishad Development Oﬃcer, Sadashivapet, Medak District and 2nd respondent-employee ﬁled an application seeking payment of difference of wages from 01-10-2004 to 30-04-2006 under the Payment of Wages Act, 1936 (for short – ‘the Act’). The said application was numbered as P.W.Case No.2 of 2006 on the ﬁle of the Authority Under Section 15(2) of Payment of Wages Act 1936 and Joint Commissioner of Labour at Hyderabad, wherein the petitioner herein ﬁled I.A.No.2 of 2006 stating that the Authority under the Act has no jurisdiction to take up the main case itself as the respondent-employee was drawing a salary of above Rs.1,600/- per month. Further under the Amendment Act 41 of 2005 also the very application claiming payment of difference of wages does not lie. It appears, the respondent-employee ﬁled an application claiming diﬀerence of wages from 01-10-2004 to 30-04-2006 in the category of N.M.R. Watchman and by the time the application was numbered, the Amending Act 41 of 2005 has already come into force with effect from 09-11-2005. The case of the petitioner is that the wages claimed are for the period prior and also after the amendment. Therefore, the amending Act has no application and if the unamended Act is taken into consideration, the application seeking diﬀerence of wages was not maintainable, since the applicant was drawing more than Rs.1,600/- per month. The wage limit of Rs.1,600/- per month for the applicability of the Act was amended to that of Rs.6,500/- per month under the Amending Act 41 of 2005. Under these circumstances, the Authority under the Act decided that the application ﬁled by the employee is maintainable. Since the application itself was ﬁled after the amendment of the Act as to wage limitation and its applicability, the Authority has come to such a conclusion. I am of the considered opinion that the Authority has considered each and every aspect and has rightly came to the conclusion that in view of the amendment dated 31-03-2005, the application ﬁled by the respondent is maintainable. It is not desirable to entertain a writ petition against an interlocutory order passed by the Authority which may result in prolonging the litigation or delaying the matter unnecessarily and the very purpose of summary proceedings under the Act would be defeated. Therefore, liberty is given to the petitioner to raise the same objection, if any writ petition is ﬁled being aggrieved by the ﬁnal order passed by the Authority under the Act, along with the other grounds that may be urged by him. The writ petition is accordingly dismissed. No order as to costs. ------------------- C.V.RAMULU, J 4th September 2008 CVRK ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies