IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 21870 of 1999 Between: Shri Ram Chits Rep by its Law Officer & G.P.A. Ch .Venugopal Rao having Office At Road No:-44 S.D.Road, Secunderabad. ..... PETITIONER AND 1 The State of A.P, Rep by its Secretary Incharge Labour , Secretariat Hyderabad. 2 The Commissioner of Labour NSF Buildings , Basheerbagh Hyderabad. 3 Ex-Officio; Prl.Secretary to Govt Incharge Labour , NSF Buildings Basheerbagh , Hyderabad. 4 The Advisory Board Under Minimum Wages Act Office Of the Dy. Commissioner of Labour Twin Cities , Himayatnagar Hyderabad. 5 The Union of India Rep by its Secretary Labour Secretariat , New Delhi. .....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 May be pleased to call for the records and declare Sec.5 of the minimum wages act as ultra vires , unconstitutional and quash and set aside the same , and quash and set aside the G.O.Ms.No.33 , Dt: 6-3- 1991 and G.O.rt.No.1949 , Dt: 29-12-1970 issued by the State Govt under minimum wages Act as null , void and inoperative and beyond the basic structure of the Minimum Wages Act and the powers vested in the Govt U/Sc.27 of the Minimum Wages Act apart from on account of other contentions that are urged in the writ petition by issuing a writ of Mandamus or any other appropriate writ or order or direction or directions and to grant such other relief on the petitioner is entitled to in the circumstances of the case and to award costs , other wise the petitioner will be put to great loss and hardship. Counsel for the Petitioner:MR.C.NAGESWARA RAO Counsel for the Respondent No.: GP FOR LABOUR The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.21870 of 1999 ORDER: (Per Hon’ble Sri Justice C.V.Ramulu) This writ petition is filed seeking to declare Section 5 of the Minimum Wages Act as ultra vires and unconstitutional and quash the same and further set aside G.O.Ms.No.33 dated 06-3-1991 and G.O.Rt.No.1949 dated 29-12-1970 issued by the State Government as null and void and beyond the basic structure of the Minimum Wages Act. 2. There is no necessity of going into all the details. The revision of wages under Section 5 of the Minimum Wages Act is made every year. Therefore, the cause in the writ petition does not survive as on today, except the constitutional validity of Section 5 of the Minimum Wages Act. Leaving this question open, the writ petition is closed as infructuous. __________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 18-06-2008 bsc ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRR}