THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.1864 OF 2002 O R D E R The petitioner is the Andhra Pradesh State Road Transport Corporation. As the 1st respondent, who is working as conductor indulged in misconduct, an enquiry was conducted as per the APSRTC Employees CC & A Regulations and imposed the punishment of deferment of annual increment for a period of one year with cumulative effect. After a lapse of ten years, the 1st respondent filed an application in P.W.C.No.5/1998 before the 2nd respondent – Assistant Commissioner of Labour, Adilabad under Section 15(2) of Payment of Wages Act, 1936. By Order dated 28.12.1999, the application was allowed and petitioner herein was directed to workout dues and pay the arrears to the 1st respondent – conductor and by a sequent order dated 18.12.2000, the 2nd respondent directed the petitioner to deposit the amount within thirty days. Aggrieved by the same, the petitioner filed I.A.No.3/2001 in PWC No.5/1998 under Section 5 of the Limitation Act for condoning the delay of 438 days in filing the I.A. for setting aside the ex parte order dated 28.12.1999. The same was dismissed by order dated 3.11.2001. Subsequent thereto, the 2nd respondent issued show cause notice dated 1.12.2001 to show cause why action shall not be taken under Payment of Wages Act. Aggrieved by the same, the present writ petition is filed. 2. The grievance of the petitioner is that authority under the Payment of Wages Act has no jurisdiction and the 1st respondent was inflicted with the punishment under the APSRTC Regulations and without considering this aspect, after a lapse of ten years, the 2nd respondent has entertained the petition and passed orders. 3. The learned counsel for the respondent brought to the notice of this court the common order dated 21.10.2010 passed by this court in a batch of writ petitions in W.P.Nos.1811, 1824, 1839, 1841, 1868, 2044 and 2714 of 2002, whereunder considering similar facts and circumstances, this court passed the order remitting the matter to the Authority under the Payment of Wages Act for passing orders afresh. The operative portion of the order is extracted as under for better appreciation: “In view of the above, I am of the opinion that the authority under the Act has completely ignored the existence of APSRTC Employees CC & A Regulations. The writ petitions are accordingly allowed and the impugned orders are set aside and the matters are remitted back to the 2nd respondent for consideration afresh after giving reasonable opportunity to both the parties in accordance with law. The 2nd respondent shall dispose of all the cases as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. Till then, the writ petitioners may not recover the amount paid pursuant to the interim orders of this court and the amount already paid, will be subject to the fresh orders that may be passed by the authority under the Act. The writ petitions are accordingly allowed. No order as to costs.” 4. In view of the above order of this court, the present writ petition is also disposed of in terms of the above extracted portion of the order. No cost. AVS -------------------------------- 16—11—2010