HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT APPEAL No.1231 of 2011 JUDGMENT: (per Hon’ble Sri Justice Nooty Ramamohana Rao) This Writ Appeal is directed against the interlocutory order, dated 01.02.2011, passed by the learned single Judge in W.P.M.P.No.36476 of 2010 in W.P.No.28597 of 2010, directing the appellant-Corporation to abide by the rates of wages specified in the G.O.Ms.No.6, dated 18.08.2009, issued under the Minimum Wages Act, 1948 (for short ‘the Act’). Sri N.Ranga Reddy, learned Standing Counsel for the appellant, would strenuously contend that the question of applicability of the provisions of the Act to the present fact situation would not arise at all, inasmuch as employment in any local body is exempted from the Schedule of employment specified under the Act. It is a fact that in the Schedule appended to the Act, employment in local bodies is shown to have been exempted. Though the source of that exemption and the notification of such exemption are not immediately traceable, but nonetheless we can proceed on the premise that the employment in local bodies is not included in the Schedule of employment under the Act. We can also further proceed on the premise that the provisions of the Act are not attracted to the employees working under the local bodies. But, however, Sri C.Raghu, learned counsel for the first respondent-writ petitioner, has drawn out attention to the notification issued by the State Government under the Revision of Wages for Contract Labour (Regulation and Abolition) Act, 1970 read with Andhra Pradesh Rules, 1971, framed thereunder. The State Government has published a notification in the Andhra Pradesh gazette issue, dated 18.08.2009, wherein it has been specifically stated that where no rates of wages have been regulated by way of agreement/award or no wages have statutorily been prescribed under Minimum Wages Act, 1948, for such employment, where applicable for any category or class of workmen, contractor shall pay wages: - Rs.4,030/- p.m. for unskilled worker. Rs.5,070/- p.m. for semi-skilled worker Rs.6,110/- p.m. for skilled worker. Similarly in clause (vi) of the said notification, it is specified that the rates of wages payable to the workmen by the Contractor shall not be less than the rates prescribed under the Minimum Wages Act for such employment where applicable and where the rates have been fixed by agreement, settlement or award not less than the rates so fixed as per Rule-25 (iv). It is plain, therefore, from this notification that wherever contract labour are engaged by a local body, the wage rates notified on 18.08.2009, by the State Government in terms of Revision of Wages for Contract Labour (Regulation and Abolition) Act, 1970 read with Andhra Pradesh Rules, 1971 framed thereunder, will have to be followed. There is no alternative. So far as clause- (iv) thereof is concerned, it makes the position very clear saying that if there is already an agreement or settlement or award binding the workmen and the employer, the wages must be regulated in terms of such agreement or settlement or award. In absence thereof, the wage structure prescribed under the Act has been taken for the purpose of standardization of the wage structure. By this notification, the provisions of the Act have been rendered applicable to such employment only, where the structure prescribed under the said enactment has been followed as a standard for the purpose of comparison. Therefore, we see no reason to interfere with the discretion exercised by the learned single Judge. We direct the appellant to abide by the notification, dated 18.08.2009, issued by the State Government in terms of Revision of Wages for Contract Labour (Regulation and Abolition) Act, 1970 read with Andhra Pradesh Rules, 1971 framed thereunder. . The Writ Appeal is, accordingly, disposed of. There shall be no order as to costs. ​______________________________ JUSTICE GHULAM MOHAMMED​ ___________________________________ JUSTICE NOOTY RAMAMOHANA RAO 20th December 2011 DR