IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 13811 of 1999 Between: T.Suryanarayana, S/o. Mukhalingam, R/o. Krishnapuram, Amadalavalasa Mandal, Srikakulam District. ..... PETITIONER AND 1 The President, the Katyacharyulupeta, P.A.C.S.Limited, Simalavalasa Post, Amudalavalasa Mandal, Srikakulam District. 2 The General Manager, Srikakulam District Co-operative Central Bank Limited, Srikakulam, Srikakulam District. 3 The District Co-operative Officer, Srikakulam, Srikakulam District. 4 The Divisional Co-operative Officer, Divisional Co- operative Office, Srikakulam, Srikakulam District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the aﬃdavit ﬁled herein the High Court may be pleased to issue a Writ, Order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents for not paying the arrears of salary due to the petitioner for the period from 1.7.1996 to 11.4.1998 and for not issuing the Last Pay Certiﬁcate to the petitioner, which is illegal arbitrary and contrary to the rules and regulations and pass such other order or orders as the Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: MR.S.SIVA PRASAD Counsel for the Respondent No.1: MR. H.S.Dora Counsel for the Respondent No.2: MR. Koka Raghava Rao Counsel for the Respondent Nos 3 and 4: GP FOR COOPERATION The Court made the following Order: Heard learned counsel for the Petitioner and learned counsel for the Respondents. The Petitioner in this case seeks to challenge the action of the Respondents in not paying him arrears of salary for the period 01.07.1996 to 11.04.1998 and in not issuing the Last Pay Certiﬁcate of the Petitioner. As per the aﬃdavit ﬁled in support of the Writ Petition, the Petitioner was appointed as a Paid Secretary in the District Co-operative Central Bank Limited, Srikakulam in the year 1977. He was thereafter transferred from Society to Society. When he was working as a Paid Secretary in Katyacharyulupeta Primary Agricultural Co- operative Society he was allotted to Yelamanchili Primary Agricultural Co-operative Society by the then District Collector on the basis of his seniority. According to the Petitioner, the President of the Katyacharyulupeta Primary Agricultural Co-operative Society harassed him in one way or the other constraining him to approach the authorities for redressal of his grievances. He stated that he also had to ﬁle Writ Petition No. 15166 of 1995 being aggrieved by his not being permitted to attend duty. Pursuant to the directions of this Court, the Petitioner claims that he was allowed to join duty and continue up to June, 1996. The grievance of the Petitioner in the present Writ Petition is that he has not been paid wages for the period 01.07.1996 to 11.04.1998 in spite of his having made several representations to the authorities concerned. The ﬁrst Respondent in the Writ Petition ﬁled a counter- aﬃdavit stating to the eﬀect that the Petitioner was absent from duties without authorization and that he was paid salaries for the period that he attended duty. The second Respondent in the Writ Petition ﬁled a separate counter stating that it had no part to play regarding the dispute raised in the main Writ Petition and it had obliged the third Respondent by submitting a report, as requested by the third Respondent, with regard to the period during which the Petitioner was on duty. A copy of this report dated 28.11.1998 is placed before me and states to the eﬀect that the Petitioner was on duty from January, 1996 to September, 1996. In the light of the dispute raised by the ﬁrst Respondent with regard to the Petitioner not being regular in attending to his duties and in the light of the fact that the Petitioner did not choose to ﬁle a reply to this counter-aﬃdavit, this Court cannot adjudicate the issue with regard to the factum of the Petitioner having actually worked during the period 01.07.1996 to 11.04.1998. This issue falls within the realm of a disputed question of fact and cannot be resolved by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India. The remedy for the Petitioner is to approach the appropriate forum and substantiate his claim with regard to his having worked during the said period by adducing necessary evidence and thereafter seek the relief insofar as payment of wages is concerned. The appropriate remedy for the Petitioner would be to invoke the applicable provisions of the A.P. Shops and Establishments Act, 1988 and seek redressal of his grievance in this regard. The Writ Petition is accordingly dismissed leaving it open to the Petitioner to approach the constituted authority under the A.P. Shops and Establishments Act, 1988 by ﬁling an appropriate Petition with regard to the relief sought in the present Writ Petition. There shall be no order as to costs. ------------------------- P.V.SANJAY KUMAR,J bsv ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The President, The Katyacharyulupeta, P.A.C.S.Limited, Simalavalasa Post, Amudalavalasa Mandal, Srikakulam District. 2 The General Manager, Srikakulam District Co-operative Central Bank Limited, Srikakulam, Srikakulam District. 3 The District Co-operative Officer, Srikakulam, Srikakulam District. 4 The Divisional Co-operative Officer, Divisional Co- operative Office, Srikakulam, Srikakulam District. 5. 2 CCs to GP for Cooperation, High Court of A.P., Hyderabad 6. 2 CD copies