THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No.22498 of 1996 ORDER: 1 Heard the learned counsel for the petitioners and the learned counsel appearing for the respondents. 2 This Writ Petition is filed by the petitioners seeking for issuance of a writ of mandamus, declaring the action of the respondents / Management in not absorbing the petitioners by the first respondent company as its regular employees and also not paying the pay and other benefits on par with the regular employees of the first respondent company is wholly illegal and arbitrary and consequently to direct the respondents to absorb the petitioners as its regular employees and to prescribe appropriate scales of pay and other service conditions to the petitioners from the date of their initial appointment together with arrears of salary. 3 The learned counsel for the petitioners would submit that though initially about 72 workers have filed the Writ Petition, but, during the pendency of the Writ Petition, some of the petitioners have withdrawn the Writ Petition and some others have expired and as on today there are only 17 workers working in the employment of the first respondent and that those workers are petitioners 2, 3, 4, 5, 6, 7, 8, 9, 11, 16, 32, 33, 35, 38, 39, 41 and 42 and that they are continuing their service in the employment of the first respondent-company by virtue of the interim orders granted by this court. 4 The learned counsel for the petitioner would further submit that though the petitioners sought for a direction for absorption of the petitioners in the regular employment of the first respondent company and pay them the prescribed scales of pay and other service benefits from the date of the initial appointment of the petitioners, but, they will be satisfied if a direction to the respondent-management to pay them minimum wages as per law is given. 5 On the other hand, the learned counsel for the respondent- management would contend that the petitioners are only contract workers and the relief sought for cannot be granted as there are several disputed questions of fact involved in this Writ Petition and therefore, the appropriate remedy available to the petitioners is that they should approach the Labour Court. She further submits that since the petitioners are not pressing for relief of absorption, therefore, the question of granting the said direction does not arise. 6 Having regard to the facts and circumstances of the case, and since the learned counsel for the petitioners is not pressing for the relief of absorption of the petitioners into the first respondent company, and since she is only pressing for payment of minimum wages to the petitioners, and inasmuch as the petitioners are still working in the employment of the first petitioner company as on today by virtue of the interim orders granted by this court, without going into the merits of the case, the respondents are hereby directed to pay minimum wages to the petitioners as per law. It is needless to observe that insofar as the direction to the respondents to absorb the petitioners into the first respondent company on regular basis is concerned, it is open for the petitioners to agitate for the said relief before the appropriate forum available under law. 7 The Writ Petition is accordingly disposed of. No costs. ----------------------- G. CHANDRAIAH, J. 23.09.2011 Kvsn