IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 10518 of 2003 Between: 1 Union of India., Rep By Its Divisional Railway Manager ( Commercial) South Central Railway., Vijayawada. 2 The Senior Divisional Accounts Officer., South Central Railways., Vijayawada. 3 The Station Superintendent., Bhimavaram Town Railway Station., Bhimavaram. ..... PETITIONER(S) AND 1 The Authority Under Payment of Wages Act., (Assistant Commissioner of Labour)., Eluru. 2 Mungi Rambabu C/o Town Railway Station., Bhimavaram., West Godavari District. 3 Mungi Somulu C/o Town Railway Station., Bhimavaram., West Godavari District. 4 Guri Saibabu C/o Town Railway Station., Bhimavaram., West Godavari District. 5 Avala Musalayya C/o Town Railway Station., Bhimavaram., West Godavari District. 6 Mandi Satyanarayana C/o Town Railway Station., Bhimavaram., West Godavari District. 7 Kona Appa Rao C/o Town Railway Station., Bhimavaram., West Godavari District. 8 Bhogadi Satyanarayana C/o Town Railway Station., Bhimavaram., West Godavari District. 9 Sodadasu Lazar C/o Town Railway Station., Bhimavaram., West Godavari District. 10 Ganisetti Atchibabu C/o Town Railway Station., Bhimavaram., West Godavari District. 11 Shaik Bade Syda C/o Town Railway Station., Bhimavaram., West Godavari District. 12 Pandiri Satyanarayana C/o Town Railway Station., Bhimavaram., West Godavari District. 13 Mungi Laxmana Rao C/o Town Railway Station., Bhimavaram., West Godavari District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ order more particularly in the nature of Writ of Certiorari, calling for the records relating to the order passed by the Ist respondent under the Payment of Wages Act i.e., Assistant Commissioner of Labour/Eluru in P.W.case No.2/2000 dated 31-10-2002 and quash the same and pass. Counsel for the Petitioner:MR.T.S.VENKATARAMANA Counsel for the Respondent No.: GP FOR LABOUR The Court made the following : THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.10518 OF 2003 ORDER: It is submitted by the learned counsel appearing for both parties that the issue raised in this writ petition is squarely covered by the Judgment dated 24.12.2008 in Writ Petition No.15269 of 1996 and batch. A copy of the common order passed in the said batch of cases is placed before me. The learned Judge allowed the writ petitions in part, modifying the orders of the Authority under the Payment of Wages Act, 1936, holding that the direction to pay wages to the workers as per the impugned orders of the Authority shall be limited to the ceiling contained in Section 1(6) of the Payment of Wages Act, 1936. The parties were given opportunity to file their respective memos of calculation before the Authority, working out the wages payable applying the said ceiling and on such filing, the Authority was directed to pass an order fixing the liability of the petitioners within three months. The Railways was held to be not liable in so far as the payment of compensation is concerned. As the learned counsel fairly conceded that the lis in this writ petition is squarely covered by the aforestated adjudication, the writ petition is partly allowed modifying the order of Authority under the Payment of Wages Act, 1936 in the following terms: 1) The direction to pay wages to the respondents contained in the impugned order of the Authority shall be limited to the ceiling contained in Section 1(6) of the 1936 Act. The parties are given liberty to file their respective memos of calculation before the Authority working out the wages payable applying the said ceiling. On such filing, the Authority shall pass an order fixing the liability of the petitioners within three months; and 2) The petitioners are not liable to pay compensation. There shall be no order as to costs. ____________________ SANJAY KUMAR, J. 11th June, 2009. VGSR/PGS