HON’BLE SRI JUSTICE V. ESWARAIAH W.P.No.407 of 2002 ORDER: The petitioner, who is a President of Vijaya Milk Products Co-operative Society, Pallapahad village, Narketpally Mandal, Nalgonda District (for short “the Society”), filed this Writ of Mandamus to declare the action of the Judicial Magistrate of First Class, Nalgonda, in passing the order, dated 17-09-2001, in Crl.M.P.No.1754 of 2001 authorizing the Station House Officer, Narekpally Police Station, to attach movable properties of the petitioner towards realization of the amount of Rs.28,944/-, which was said to have been ordered to be paid in Minimum Wages Case No.76 of 1998 by the Authority under Minimum Wages Act and Labour Officer, Nalgonda. It appears that one Mohd.Mustaffa, who is the employee of the Society, filed an application for payment of difference between the wages due according to the minimum rates of wages fixed by the Government. Pursuant to the said application, the Assistant Labour Officer, Nakrekal, filed Minimum Wages Case No.76 of 1998 before the 2nd respondent and the 2nd respondent held that the said Mohd.Mustaffa is an employee of the Society and he was paid less wages for the period 01-04-1998 to 30-09-1998 and accordingly, directed the petitioner herein to deposit a sum of 28,944/- (Rs.9,648/- + Rs.19,296/-) towards compensation. It is further stated that at the instance of the 2nd respondent-Labour Officer in Crl.M.P.No.1754 of 2001 for attachment of the property under Section 421 of Cr.P.C., the 3rd respondent by order, dated 17-09-2001, authorized the Station House Officer, Narketpally police station to attach personal property of the petitioner towards realization of the amount of Rs.28,944/-. The said action is being questioned in this writ petition. This Court while admitting the writ petition granted interim stay on 04-01-2002, which reads as follows:- “There shall be interim stay of attachment of the personal properties belonging to the petitioner. However, it is open for the Magistrate to proceed with the attachment of the properties belonging to Vijaya Milk Products Co-operative Society, Pallepahad, Kattangoor Mandal, Nalgonda District.” The order of the Authority under the Minimum Wages Act does not indicate that the petitioner herein is personally liable to pay minimum wages. Admittedly, the so-called employee Mohd.Mustaffa is an employee of the Society and therefore, the Society alone is liable to pay minimum wages but not the President in her individual capacity. Accordingly, the writ petition is allowed directing the respondents not to proceed against the personal properties of the petitioner. However, it is made clear that it is open to the respondents to recover the amount awarded towards minimum wages from the properties of the Society in accordance with law. There shall be no order as to costs. ___________ 09-09-2010 Prv