THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE VILAS V. AFZULPURKAR Dated: 23-08-2010 WRIT APPEAL No. 619 OF 2010 Between: M/s. Sree Venkateswara Winery & Distillery Private Limited, rep., by its Managing Director P. Ranjith Reddy, s/o P. Sudershan Reddy, aged about 38 years, r/o Plot NO. 352, road No. 22, Jubilee Hills, Hyderabad, factory formerly situated at Bandlaguda Road, Nagole, Rangareddy District, presently at Kuchavaram Village, Toopram Mandal, Medak District ... APPELLANT AND The Chairman/Presiding Officer, Additional Industrial Tribunal-cum- Labour court, Chandra Vihar Buildings, Nampally, Hyderabad and two others …RESPONDENTS THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL No. 619 OF 2010 JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) By order dated 28-04-2009 the learned single Judge had declined wages in terms of section 17-B of the Industrial Disputes Act, 1947 (for short ‘the Act’) to the respondent – worker which is modified subsequently vide order dated 30-4-2010 requiring the appellant - employer to pay the wages in terms of Section 17-B of the Act from the date of the award passed by the Labour Court and to continue to pay until disposal of the writ petition. The said subsequent order is questioned on several grounds, one being that the Division Bench having concurred vide its judgment dated 02-06-2009 in Writ Appeal No. 655 of 2009 with the basic order of the learned single Judge denying benefit of section 17-B, modification could not have been affected, the other is non-existence of the post and the third is payment of a sum of Rs.15,969/- made to the appellant towards full and final settlement of his dues. We refrain from expression of opinion to avoid prejudice to either of the parties. Nonetheless our prima facie view is that the ends of justice would be met by directing that the order of the single Judge would be effective from the date of order i.e., 30-04-2010, with further request to the learned single Judge for disposal of the writ petition within four weeks. Let the writ petition be listed week following next before the learned single Judge having the roster. Appeal is allowed in part. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 23-08-2010 K. Shyleshi