IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND SIX PRESENT THE HON'BLE MR JUSTICE J.CHELAMESWAR AND THE HON'BLE MR JUSTICE M.VENKATESWARA REDDY WRIT PETITION No.6085 OF 2006 Between: The Principal, Govt. Polytechnic for Women, Suryapet, Nalgonda District, and another. ..... PETITIONERS AND P.Lingamma, Cleaner-cum-Sweeper, Govt.Polytechnic for Women, Suryapet, Nalgonda District. ....RESPONDENT THE HON'BLE MR JUSTICE J.CHELAMESWAR AND THE HON'BLE MR JUSTICE M.VENKATESWARA REDDY WRIT PETITION No.6085 OF 2006 O R D E R (Per Sri Justice M.Venkateswara Reddy) This writ petition is directed against an order of the A.P. Administrative Tribunal dated 24.11.2005 made in O.A.No.2119 of 2005 disposing of that O.A. in terms of the order made in O.A.No.11076 of 2002, dated 11.12.2002 in which the respondents were directed by the Tribunal to pay wages to the applicant therein at the rate of Rs.102/- per day with effect from June, 2002 with a further direction that for the earlier period also if the applicant therein was not paid wages as per the Minimum Wages Act as notified from time to time, the petitioner herein shall work out the wages to which she is entitled to as per the Minimum Wages Act and if she is entitled to any arrears, such arrears are also to be paid at the said rate. The respondent herein has been working as Cleaner-cum-Sweeper in Government Polytechnic for Women, Suryapet, Nalgonda District. She had completed five years of continuous service by 30.04.1992. The learned Government Pleader for Services-I contends that the hostel is managed by the students and therefore it is not the petitioners that are liable to pay the wages as per the Minimum Wages Act. It was not the plea before the Tribunal that there is no relationship of employer and employee between the petitioners and the respondent. Such a plea is advanced for the first time before this Court in this writ petition. The direction of the Tribunal is to pay the minimum wages at the rate of Rs.102/- per day as the respondent was a non-municipal employee. Any employer is liable to pay the minimum wages. The plea that there was no employer and employee relationship taken at this stage before us cannot be entertained and examined for the reason that the Mess Charges are levied and collected by the 1st petitioner from the hostel students and wages of the respondent are also being paid by him. Therefore, we do not find any merit to admit this writ petition. Accordingly, the writ petition is dismissed at the stage of admission itself. There shall be no order as to costs. ----------------------------------- JUSTICE J.CHELAMESWAR ------------------------------------------------ JUSTICE M.VENKATESWARA REDDY 28th MARCH, 2006 PGS THE HON'BLE MR JUSTICE J.CHELAMESWAR AND THE HON'BLE MR JUSTICE M.VENKATESWARA REDDY WRIT PETITION No.6085 OF 2006 (Per Sri Justice M.Venkateswara Reddy) 28th MARCH, 2006