IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 480 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 02/08/2007 in WP NO : 25199 OF 2004 on the file of the High Court.) Between: The President, Indian Airlines Contractt Labour Union, Rep. by its President, G.A. Rudrappa, S/o. Late Gangaiah, Aged 45 years, 2-2-1144/13, Flat No. G-2, New Nallakunta, Hyderabad. ..... APPELLANT AND 1 Indian Airlines Limited, Police Lines, Begumpet, Hyderabad - 500 016. Rep. by its Deputy General Manager (Personnel) 2 The Dy.Chief Labour Commissioner(Central) South Zone Authority under rule 25(2)(v)(a)&(b) III Cross, II Phase,Tumkur Road, Yeshwantpur,Bangalore-560022. 3 Shri R.Narayana Proprietor No,7 Vanith Co-op Society Secunderabad. 4 Shri Rajagopala reddy Proprietor,K.J.Consultancy Hyderabad Dist. 5 Late K.Laxmi Narayana Contractor rep by his Wife Mrs.M.Devika Rani Hyderabad -76. 6 Jagmohan Singh Labour Enforcement Officer (central) O/o. Regional Labour Commissioner (central), Vidyanagar, Hyderabad 7 Sampath Kumar Labour Enforcement Officer (central) O/o. Regional Labour Commissioner (central), Vidyanagar, Hyderabad RR 6&7 impleaded as per court order dt. 22-9-2005 inWPMP 21120 OF 2005 .....RESPONDENTS Counsel for the Appellant: SRI M.SURENDER RAO Counsel for the Respondents No.: GP FOR LABOUR The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 480 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ appeal is preferred by the appellant aggrieved by the order, dated 2.8.2007 in WPMP No.28295 of 2006 in W.P.No.25199 of 2004. The 1st respondent herein is the writ petitioner. It has filed the above writ petition seeking to quash the order passed by the Deputy Chief Labour Commissioner, dated 8.5.2000. Pending the above writ petition, the appellant herein filed WPMP No.28295 of 2006 seeking a direction to the writ petitioners to reinduct the members of the petitioners’ union (Carpenters) and to pay wages in their category (Carpenters) and to continue to pay the same. The learned single Judge passed the order as follows: “It appears, respondent-union in the writ petition raised a dispute seeking equal pay for equal work before the competent authority. The competent authority, after hearing both the parties, passed an order directing the writ petitioner- management to pay equal pay for equal work. According to the petitioner in the present WPMP, he is also member of respondent-union. It appears, though equal pay for equal work was paid, but after some time he was denied of his rightful wages, therefore, he refused to receive the wages on the ground that his services were dispensed with way back on 1.6.2006.Hence, the present WPMP. I am of the opinion that this petition is nothing to do with the issue that arises for consideration in the main writ petition. This is altogether a different cause of action. This petition is misconceived and accordingly, dismissed. However, the petitioner is at liberty to work out his remedies as available under law. Registry is directed to post the writ petition for final hearing immediately after Dasara Vacation 2007.” Having aggrieved by the same, the present appeal has been preferred. Heard the learned Counsel and perused the material available on record. The present appeal is filed against the interlocutory orders. The main writ petition is pending. On a perusal of the order under appeal and the other material on record, it is apparent that the issue raised in the above WPMP is a different cause of action. In this view of the matter and in view of the facts and circumstances of the case, we have no hesitation to hold that the order of the learned single Judge needs no interference. Since the writ petition is of the year 2004, we feel that it would suffice if the main writ petition is directed to be listed for final hearing at the top of the list on 7.7.2009. Accordingly, the writ appeal is dismissed. Registry is directed to post the writ petition on 7.7.2009 for final hearing at the top of the list. _________________________ Justice T. Meena Kumari ______________________ Justice Sanjay Kumar Date: 3rd June, 2009 Nn/gurc. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 480 of 2009 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 3rd June, 2009