HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.683 OF 2009 ORDER: This writ petition has been filed aggrieved by the action of the respondent – Singareni Collieries Company Limited in withholding an amount of Rs.83,761.60 ps from the bills payable to the petitioner herein, as liable to be disbursed to the workmen employed by him. 2. The most relevant facts for the purpose of deciding this cause lie in a very narrow compass. The petitioner is a Contractor. He has been awarded certain works by the respondent Singareni Collieries Company Limited to be executed by him during the year 2006-2007. The cost of these works were approximately Rs.14.69 lakhs. The petitioner has executed the works and the workmen engaged by him in the process have all been paid the minimum wages, as notified from time to time. But however inspite of receiving the minimum wages and that too in the presence of the officers of the respondent - Singareni Collieries Company Limited, a complaint seemed to have been generated against the petitioner that he has actually received back certain portions of the wages. Entertaining the same, the aforementioned amount payable to the petitioner has been with held. 3. According to the learned counsel for the petitioner, Sri K. Chidambaram, Singareni Collieries Company Limited is not a person competent to make any enquiry, on the issue as to whether the petitioner has actually paid the minimum wages or not to the workmen employed by him, and the authority prescribed for the said purpose is entirely different. Without approaching any such authority, the workmen cannot agitate any such issue before the Singareni Collieries Company Limited. 4. Be that as it may, Sri Nandigam Pattabhi Rama Rao would submit that, if minimum wages are not actually paid to the workmen while executing the work awarded by the respondent company to the petitioner herein, it is the respondent that will be adversely impacted by the said action of the petitioner. In that view of the matter, the sum of Rs.83,761.60 ps has been with held. 5. If the writ petitioner has already disbursed the wages at the minimum rates specified and notified from time to time, there cannot be any further grievance to be nurtured by anyone in that regard. On the other hand, if the petitioner has indulged in any short payment, then perhaps in larger public interest as well as in the interest of the respondent company, the respondent may withhold certain amounts representing the differential amount which will help in eventual disbursement of the same in favour of the workmen. While it is true that the Singareni Collieries Company Limited or its officials are not the competent authority for determining any grievance with regard to short payment of minimum wages, but nonetheless, I consider it appropriate to direct the Singareni Collieries Company Limited to conduct an enquiry in the presence of the petitioner herein and then based upon its finding as to whether the petitioner has made any such short payment or not to the workmen concerned, the disbursal of the withheld amount from the bills of the petitioner be accomplished. It is needless for me to observe that during the course of enquiry, the petitioner will be provided with full opportunity to examine any witnesses on his behalf and also cross-examine any other witness who is likely to depose against him. Let the exercise be completed within a maximum period of two months from the date of receipt of this order and based upon the findings of the said enquiry, appropriate steps be taken for disbursal of the withheld amount of the bills of the petitioner. 6. In the result, the writ petition is disposed of. No costs. _____________________________________ Justice Nooty Ramamohana Rao 29-08-2011 SP HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.683 OF 2009 29-08-2011 SP