THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos.1245 of 2004 ORDER: Respondent No.3 was employed by the petitioner for a period of 11 months in the year 1999. Alleging that he was not paid wages properly and illegal deductions were made, respondent No.3 filed Case No.S.E.17 of 2000 before the Authority under Section 50 of the Andhra Pradesh Shops and Establishments Act, 1988. A sum of Rs.1,19,000/- was claimed, in all. The petitioner opposed the application. According to it, respondent No.3 was appointed as Helper and his wages were Rs.3,000/- per month. The allegation as to deduction was denied. Through order, dated 24.07.2002, the Authority awarded a sum of Rs.21,000/- under various heads. The petitioner on the one hand and respondent No.3 on the other filed appeals being S.A.Nos.7 and 9 of 2002 before respondent No.1 not satisfied with the order passed by the original authority. Respondent No.1 passed a common order, dated 22.08.2003, directing that the petitioner shall pay a further sum of Rs.9,000/-. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned counsel for respondent No.3. The original authority has undertaken extensive discussion in each and every item claimed by respondent No.3 and passed an award for a sum of Rs.21,000/-. The basis for claiming further amount by respondent No.3 was that though he was appointed as Salesman, he was being paid salary for the post of Helper. The record does not disclose that any evidence was placed by respondent No.3 to prove that he was appointed as Salesman. Even if there is a finding to the effect that respondent No.3 was appointed as Salesman, he could have recovered the difference of salary only by approaching the authority under Payment of Wages Act. The reason assigned by respondent No.1 for awarding a further sum of Rs.9,000/- is untenable. Hence, the writ petition is allowed and the common order, dated 22.08.2003, passed in S.A.Nos.7 and 9 of 2002 is set aside. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt: 18.11.2010. kdl