HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.20708 of 2009 Date: 24.09.2009 Between : K.L.R. Security Services … Petitioner And The Authority under Payment of Wages Act -cum-Assistant Commissioner of Labour, Srikakulam and others. … Respondents HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.20708 of 2009 ORDER: In this writ petition, the petitioner seeks a direction by way of Mandamus declaring the action of the first respondent, the Authority under Payment of Wages Act-cum-Assistant Commissioner of Labour, Srikakulam, in entertaining the Case No.PW2/2009 and issuing notice, dated 5.8.2009, as arbitrary, illegal and without jurisdiction. 2. Respondent Nos.2 to 6 herein are the applicants in Case No.PW2/2009, which was filed under the provisions of the Payment of Wages Act seeking payment of delayed wages. It is the case of the petitioner that respondent Nos.2 to 6 were working in a contract between the petitioner and the National Highways Authority, which is a Central Government Department, and the Assistant Commissioner of Labour, Srikakulam, is not having any jurisdiction to entertain their claim. Hence the present writ petition. 3. Heard learned counsel for the petitioner and the learned Government Pleader for Labour. 4. The petitioner can as well raise the above plea before the first respondent Authority by filing a counter affidavit. There is no reason for the petitioner to invoke the jurisdiction of this Court questioning the very notice, dated 5.8.2009, issued by the first respondent authority. 5. In that view of the matter, I deem it appropriate to dispose of the writ petition permitting the petitioner to raise its objections, including the question of jurisdiction, by way of filing a counter affidavit in the claim petition filed by respondent Nos.2 to 6 in Case No.PW2/2009 before the first respondent authority. If any counter is filed raising such objections, the first respondent authority, while considering the claim of respondent Nos.2 to 6, also shall decide the objections raised by the petitioner with regard to maintainability and jurisdiction to entertain the claim filed by respondent Nos.2 to 6. 6. Subject to above observations and directions, the writ petition is disposed of, at the stage of admission. There shall be no order as to costs. _______________________ R.SUBHASH REDDY, J 24.09.2009 Msr HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.20708 of 2009 24.09.2009 (Msr)