THE HONOURABLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE RAMESH RANGANATHAN WRIT APPEAL No. 1368 of 2000 ORAL ORDER: (Per Ramesh Ranganathan, J) This appeal is filed aggrieved by the order in W.P.No.20839 of 1997 dated 11.10.2000. Writ Petition No. 20839 of 1997 was filed against the order of the Addl. Industrial Tribunal-cum-Addl. Labour Court, Hyderabad, in M.P.No. 11 of 1996 dated 15.7.1997, wherein the Tribunal, while adjudicating the claim of the workman for payment of deemed wages under Section 47(4) of the A.P. Shops and Establishments Act, observed that, while the petitioner had claimed deemed wages from 1.6.1992 to 31.1.1996 @ Rs.1,750/- per month and since the respondent had paid Rs.10,500/- vide challan No. 19250, dated 16.11.1995, the claim for deemed wages had to be limited only till 16.11.1995 even if the contention of the workman was accepted. Since Writ Petition Nos. 998 of 1996 and 5068 of 1996 were then pending before this Court, the Tribunal observed that the claim of the petitioner for deemed wages was not maintainable at that stage. Aggrieved thereby, the petitioner-workman filed W.P.No. 20839 of 1997 and the learned Single Judge, by order dated 11.10.2000 disposed of Writ Petition No.20839 of 1997 rejecting the claim of the petitioner for deemed wages holding that the claim for service compensation had already been allowed in M.P.No. 41 of 1992, that since the amount claimed by him was already allowed, it was not open for him to make a claim beyond the claim made in M.P.No.41 of 1992, that the Labour Court had considered this aspect and held that it was not open for the petitioner to again claim for the amounts on the premise that the deemed wages which accrued to him continued to be unpaid till date, that the finding of the Labour Court could not be said to be illegal or contrary to law, that once the amount was allowed by the Labour Court there could not be any further claim for further amounts for the deemed wages under Section 47(4) of the Act. The Tribunal while accepting the contention of the petitioner that he was entitled to claim deemed wages held that his claim had to be limited only till 16.11.1995. The Tribunal did not reject the petitioner-workman’s claim for deemed wages and held that he was entitled to claim deemed wages only from 1.6.1992 to 31.1.1996 and not till 13.3.1999 as claimed by him. The only ground on which the Tribunal rejected the claim of the petitioner-workman for payment of deemed wages was because the Writ Petition was pending. Accordingly, the Tribunal observed that the petitioner was not entitled to claim any compensation at this stage. Since, the Writ Petitions which were then pending in this Court i.e. Writ Petition Nos. 998 of 1996 and 5068 of 1996 have since been disposed of, it is always open to the petitioner-workman to approach the Additional Industrial Tribunal-cum-Labour Court seeking computation and payment of deemed wages from 1.6.1992 till 31.1.1996. The Order of the learned Single Judge, to the extent indicated above, is set aside leaving it open to the petitioner to approach the Labour Court under Section 33©(2) of the Industrial Disputes Act for payment of deemed wages from 1.6.1992 till 31.1.1996. The Writ Appeal is disposed of accordingly. _______________________ T. MEENA KUMARI, J _______________________________ RAMESH RANGANATHAN, J 24.6.2008 CHV