THE HON'BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.20339 of 2009 ORDER : Though interlocutory matters are listed for hearing, at the request of the learned counsel for the petitioner and Respondents, the main Writ Petition itself is taken up for disposal at the stage of admission. The petitioner is a Primary Agricultural Cooperative Society. In this Writ Petition, they have questioned the order, dated 05-08-2009 passed by the Authority under the Minimum Wages Act, 1948 and Joint Commissioner of Labour, Zone-II, Eluru, West Godavari District in M.W.Case No.25 of 2009. The second respondent herein has filed application claiming differential wages of Rs.58,461/- for the period he has worked from 03-06-1991 to 31-03-2001. The said claim petition is allowed by the Authority under the Minimum Wages Act on the sole ground that the petitioner/opposite party did not choose to attend the enquiry. On the aforesaid ground, while allowing the petition, compensation of Rs.5,000/- was also awarded. In this Writ Petition it is the case of the petitioner society that after entrusting the matter to their Advocate, they have also filed counter-affidavit opposing the claim and in spite of opposition the claim by filing the counter, application is allowed without recording any single reason. On the other hand, it is submitted by the learned counsel appearing for the second respondent that in an earlier occasion also when application was filed by the second respondent for condoning the delay in filing the claim petition, notice was issued but the petitioner has not responded to oppose the relief. I have perused the copy of the order passed by the Authority under the Minimum Wages Act. In the affidavit filed in support of the petition, it is categorically stated that on receipt of the notice from the Authority, they have engaged an Advocate and also filed counter-affidavit opposing the claim. In that view of the matter, merely because the Advocate on record did not represent, the Authority ought not to have allowed the claim as prayed for without looking into the counter and without recording any valid reasons. For the aforesaid reasons, I deem it appropriate to dispose of the Writ Petition by remitting the matter for fresh consideration by the Authority under the Minimum Wages Act and to pass appropriate orders after issuing notice of hearing to the petitioner as well as the counsel for the petitioner. Accordingly, the Writ Petition is allowed. The order under challenge is set aside and the matter is remitted to the Authority under the Minimum Wages Act, 1948 and Joint Commissioner of Labour Zone-II, Eluru, for fresh consideration of the application filed by the second respondent in M.W. Case No.25 of 2009 and to pass appropriate orders after issuing notice of hearing to the petitioner as well as the counsel for the petitioner. The first respondent shall dispose of the application as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. _____________________ R.SUBHASH REDDY, J. 04th December, 2009. skmr THE HON'BLE SRI JUSTICE R.SUBHASH REDDY W.P.No.20339 of 2009 Date : 04-12-2009 Between : The Primary Agricultural Cooperative Society, Kanukollu, Mandavalli Mandal, Krishna District, rep. by its President Sri K.Krishna Rao .. Petitioner and The Authority under Minimum Wages Act, 1948 and Joint Commissioner of Labour, Zone-II, Eluru, West Godavari District and another .. Respondents