THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.22674 of 1999 ORDER: The Labour Enforcement Officer (Central), Rajahmundry, respondent No.1 herein, initiated proceedings before the Regional Labour Commissioner (Central), Hyderabad, respondent No.2 herein, under the Minimum Wages Act, 1948 (for short ‘the Act’). It was pleaded that the petitioners i.e. the Railway Administration is under obligation to pay the minimum wages to the licenced Porters working in Nidadavolu Railway Station. The petitioners opposed the application stating that there is no relationship of employer and employee between the Railway Administration and the licenced Porters and that the Act does not apply to them. Placing reliance upon the judgment rendered by this Court in W.P.Nos.20846 of 1993 and 2087 of 1996, respondent No.2 allowed the application, through order, dated 30.09.1998. The same is challenged in this writ petition. Heard Sri T.S.Venkataramana, learned Standing Counsel for the petitioners. None appears for the respondents. The persons, in whose favour the minimum wages are sought, are the licenced Porters, engaged in Nidadavolu Railway Station. It was not even alleged that the petitioners have issued orders of appointment to them. The only act that has flown from the petitioners is that they have issued licences to certain individuals to retain control and regulate the working of Porters in the Railway Station. By itself, that does not bring about any relationship of employer and employee, whether permanent, temporary, ad hoc or otherwise. It is only when a person is employed with an employer that the occasion to enforce the provisions of the Act would arise. It is, no doubt, true that in the writ petitions referred to above, this Court took the view that the Railway Porters are also entitled to be paid the minimum wages. However, the Judgment of the Hon’ble Supreme Court in Civil Appeal Nos.9378-79 of 1995, dated 30.10.1996, does not appear to have been brought to the notice of this Court. It was categorically held that the concept of minimum wages does not apply to the parcel Porters. Even otherwise, it just becomes impossible for anyone to enforce the Act vis-à-vis the Porters. The reason is that the wages are earned by the Porters by collecting amount from the passengers who engage them. Even where the minimum wages are stipulated, the source of payment for them is only the passengers. On a given day, they may earn more wages and on other days, it may be less. The Railway Administration has absolutely no concern with it. Hence, the writ petition is allowed and the impugned order is set aside. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY,J Dt:24.06.2010. kdl