IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION Nos.498 & 751 of 2000 WRIT PETITION No.498 of 2000 Between: 1 K.Narasimha S/o. Mallaiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 2 A.Chandraiah S/o. Mysaiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 3 H.Narsimha S/o.Ramulu under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 4 V.Bikshapathy S/o.Chandraiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 5 S.Ramulu S/o. Mallaiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 6 G.Yellaiah S/o.Chandraiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 7 K.Yellaiah S/o.Pentaiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 8 S.Galaiah S/o.Yellaiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 9 Ch.Balaiah S/o.Seetaiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 10 M.Chandraiah S/o.Anthaiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 11 V.Narsimha S/o.Ramaiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 12 K.Ramachandraiah S/o.Pentaiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 13 J.Bikshapathy S/o.Pentaiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 14 V.Balaiah S/o.Rangaiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 15 S.Samdaiah S/o.Seethaiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 16 A.Mysaiah S/o.Pochaiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 17 G.Parvathalu S/o. Rosaiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 18 S.Ramulu S/o.Rangaiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 19 Yadaiah S/o.Yadaiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad 20 B.Narayana S/o.Jangaiah under the control of the Exeuctive Engineer R&B Roads Division, Goshamahal, Hyderabad ..... PETITIONERS AND 1 The Executive Engineer, R&B Roads Division, Gosha Mahal Hyderabad 2 The Deputy Executive Engioneer R&B, Roads Division No.1, Goshamahal, Hyderabad 3 The Deputy Executive Engioneer R&B, Roads Division No.2 Goshamahal, Hyderabad 4 The Collector & District Magistrate Rangareddy 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 will be pleased to to pass an order or issue a writ particularly one in the nature of certiorari and quash the order Dt.17/12/1999 in OA.No.7338/1999 after calling for the records on the file of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad and further direct the respondents to implement the proceedings No.E/799/99 Dt.24/05/1999 issued by the Collector & District Magistrate, Rangareddy District wherein the minimum wages are prescribed and to pass such other order. Counsel for the Petitioner:MR.B.G.RAVINDER REDDY Counsel for the Respondent No.: GP FOR FINANCE & PLANNING The Court made the following: Form-NIC-OGS/WP{TPK} WRIT PETITION No.751 of 2000 Between: 1 M.Narasimha S/o.Mallaiah under the control of the Executive Engineer, R&B Roads Division, Goshamahal, Hyderabad 2 Ch.Narasimha S/o.Shankaraiah under the control of the Executive Engineer, R&B Roads Division, Goshamahal, Hyderabad 3 K.Lingamaiah S/o.Narasimha under the control of the Executive Engineer, R&B Roads Division, Goshamahal, Hyderabad 4 T.Narasimha S/o.Muthaiah under the control of the Executive Engineer, R&B Roads Division, Goshamahal, Hyderabad 5 D.Krishna S/o.Adivaraiah under the control of the Executive Engineer, R&B Roads Division, Goshamahal, Hyderabad 6 A.Narsimha S/o.Shivaiah under the control of the Executive Engineer, R&B Roads Division, Goshamahal, Hyderabad 7 P.Kumar S/o.Mysaiah under the control of the Executive Engineer, R&B Roads Division, Goshamahal, Hyderabad ..... PETITIONERS AND 1 The Executive Engineer R&B, Roads Division Goshamahal, Hyderabad 2 The Deputy Executive Engineer Medchal Sub Division, Roads Division Goshamahal, Hyderabad 3 The Collector & District Magistrate Rangareddy, Lakdikapool, Hyderabad .....RESPONDENTS 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 pass an order or issue a writ particularly one in the nature of certiorari and quash the order Dt.17/12/1999 in OA.No.7397/1999 after calling for the records on the file of the Hon'ble Andhra Pradesh Administrative Tribunal Hyderabad and further direct the respondents to implement the proceedings No.E/799/99, Dt.24/05/1999 issued by the Collector and District Magistrate, Rangareddy District wherein the minimum wages are prescribed and to pass such other order. Counsel for the Petitioner:MR.B.G.RAVINDER REDDY Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following: Form-NIC-OGS/WP{TPK} THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION Nos.498 & 751 of 2000 COMMON ORDER: (per Hon’ble Sri Justice V.Eswaraiah) These two writ petitions arise out of the common order dated 17.12.1999 in O.A.Nos.7338/1999 and 7337/1999 respectively. The petitioners herein filed the said O.As on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (hereinafter referred to as “the Tribunal”) for implementation of the proceedings No.E/799/99, dated 24.05.1999 issued by the District Collector, Ranga Reddy District relating to the payment of minimum wages. According to the petitioners, the District Collector, Ranga Reddy District enhanced the minimum wages ranging from Rs.90/- to Rs.200/-. But the Tribunal by the impugned order dismissed the said O.As on the ground that the relief sought for by the petitioners comes under the purview of the Industrial Disputes Act and therefore, the Tribunal has no jurisdiction to entertain the matter. Accordingly, the OAs were dismissed giving liberty to the petitioners to pursue their remedies before the appropriate Forum. Aggrieved by the same, these two writ petitions are filed, contending that the petitioners are working as Man Muster Roll Workers i.e., Man Mazdoors for the past several years and the concerned District Collector issued necessary orders, fixing the minimum wages payable to the NMR workers engaged in Ranga Reddy District, vide the said proceedings dated 24.05.1999. The said proceedings were also communicated to the Labour Officers, Circle-I, R.R.District and other Governmental Departments. It is further stated that the unskilled NMR workers are entitled to Rs.80/- per day in the rural areas and Rs.90/- per day in the municipal areas, and the orders of the District Collector though binding on the respondents, the respondents have not implemented the said orders and therefore, for implementation of the said orders, the O.As were filed. The learned counsel appearing for the petitioners fairly submitted that no doubt the petitioners have also got a remedy before the Labour Court as well as the Industrial Tribunal, but there is no bar for them to approach the Andhra Pradesh Administrative Tribunal also. The Tribunal has not assigned any reasons as to how the Tribunal has no jurisdiction except simply stated that the Tribunal has no jurisdiction to entertain the O.As. Therefore, we are of the opinion that it is just and proper to set aside the impugned order and remit back the matter to the Tribunal to consider the rival contentions afresh and pass appropriate orders, in accordance with law. These Writ Petitions are accordingly allowed. _____________________ V.ESWARAIAH,J ____________________________ P.SWAROOP REDDY,J Dated: 22.06.2009 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Executive Engineer, R&B Roads Division, Gosha Mahal Hyderabad 2 The Deputy Executive Engioneer R&B, Roads Division No.1, Goshamahal, Hyderabad 3 The Deputy Executive Engioneer R&B, Roads Division No.2 Goshamahal, Hyderabad 4 The Collector & District Magistrate Rangareddy District 5 2. 2CCs to 6. 2CD copies