IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No: 11046 of 2005 Between: Rayalaseema Concrete Sleepers Pvt. Limited, S.P. Road, Secunderabad, Rep by its Sr. Manager (Legal) ..... PETITIONER AND 1 Deputy Commissioner of Labur, Kurnool Zone, Kurnool District. 2 Chief Judicial Magistrate, Ananthapur, Ananthapur District. 3 The District Collector, Ananthapur, Ananthapur District. 4 Mandal Revenue Officer, Guntakal, Ananthapur District. 5 Rayalaseema Concrete Sleepers Pvt. Limited Staff Union, Thimmanacherla Railway Yard, Gooti Road, Guntakal, Ananthapur District. 6 Rayalaseema Concrete Sleepers Factory Workers Union, Thimmanacherla Railway Yard, Gooti Road, Guntakal, Ananthapur 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 may be pleased to issue a Writ of Mandamus Direction or Directions declaring the action of the Respondents 1 to 4 in proceeding to recover the alleged amount of wages as claimed by the Respondents 5 and 6 Under Section 33(c) (1) of the I.D. Act from the petitioner as illegal, unconstitutional and to issue a consequential direction to the Respondents 1 to 4 not to proceed with the said recovery and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case Counsel for the Petitioner: MR.V.SRINIVAS Counsel for the Respondent No.1: GP FOR LABOUR Counsel for the Respondent No.2: Mrs. BHASKARA LAXMI Counsel for the Respondent Nos.3&4: GP FOR REVENUE Counsel for the Respondent No.6: MR.K.BALAGOPAL The Court made the following: ORAL ORDER:- This Writ Petition is filed to declare the action of the respondents 1 to 4 in proceeding to recover the alleged amount of wages as claimed by the respondents 5 and 6 under Section 33(c)(1) of the Industrial Disputes Act (for short ‘the Act’), as arbitrary and illegal. A detailed counter-affidavit has been filed by Respondent No.6. Several contentions has been raised by the learned counsel for the petitioner in this writ petition stating that Section 33(c )(1) of the Act has no application and that for the strike period, the employees are not entitled for any wages and therefore the Writ Petition is not maintainable. On the other hand, the learned counsel appearing for respondents 5 and 6 contended that the lockout promulgated by the petitioner is illegal and that the strike is legal and legitimate. As per the settlement of the year 2001, the petitioner has to pay the minimum wages, and therefore, the Writ Petition is maintainable. He also submits that liberty may be given to respondents 5 and 6 so that they can file a claim application under Section 33(c )(2) before the labour Court so that all the contentions can be raised, after taking necessary pleas and adducing necessary evidence. Since, the matter is required to be decided by the labour court, basing upon the pleadings and evidence to be adduced by the parties, it is desirable to direct the respondents 1 to 4 not to proceed with against the respondents 5 and 6 in pursuance of the Recovery Notice, dated 04.05.2005, with a liberty to the respondents 5 and 6 to approach the labour Court for filing a comprehensive petition under Section 33(c )(2) of the Act. In the circumstances, without expressing any opinion with regard to the merits of the case and the contentions raised by the learned counsel for the petitioner and respondents 5 and 6, permission is granted to respondents 5 and 6 to file a comprehensive application before the labour Court under Section 33(c )(2) of the Act. Accordingly, the Writ Petition is disposed of. No orders as to costs. _________________________ 27-06-2005 ES To 1 The Deputy Commissioner of Labur, Kurnool Zone, Kurnool District. 2 The Chief Judicial Magistrate, Ananthapur, Ananthapur District. 3 The District Collector, Ananthapur, Ananthapur District. 4 The Mandal Revenue Officer, Guntakal, Ananthapur District. 5 Rayalaseema Concrete Sleepers Pvt. Limited Staff Union, Thimmanacherla Railway Yard, Gooti Road, Guntakal, Ananthapur District. 6 Rayalaseema Concrete Sleepers Factory Workers Union, Thimmanacherla Railway Yard, Gooti Road, Guntakal, Ananthapur District. 7 2 CCs to the GP for Labour, High Court buildings, Hyderabad (OUT) 8 2 CD copies 9 1 CC to MR.SRINIVAS