HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.2196 of 2007 Dated 28-01-2011 Between: M/s. Podder Projects Ltd., IDA, Nacharam, Ranga Reddy District. …Petitioner. And: The Assistant Commissioner of Labour, Circle-II, Ranga Reddy District, Anjaiah Karmika Bhavan, RTC X Roads, Chikkdapally, Hyderabad and others. …Respondents. HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.2196 of 2007 ORDER: This revision is by the management by which the order of the primary authority under payment of Wages Act granted in favour of the 2nd respondent herein as confirmed in appeal is questioned. The 2nd respondent filed P.W.No.1 of 2001 before the 2nd respondent herein complaining of non-payment of wages from 5-6-2000 to 31-1-2001 under the Payment of Wages Act, at the rate of Rs.1400/- per month. The petitioner- Management resisted the application on the ground that though the 2nd respondent was paid wages from June, 2000, for the subsequent months, he has not been attending to any work assigned and as such, on the principle of “No work and No pay”, the management claims that no wages are payable to the 2nd respondent. The 2nd respondent was examined before the primary authority as P.W.1 and he marked Ex.P.1 reply to the show cause notice and on behalf of the management, their manager (Finance) was examined and letters of Exs.R.1 to R.3 were marked. On consideration of the evidence, the primary authority came to a conclusion that neither there is any dispute regarding wages payable to the 2nd respondent at Rs.1400/- per month nor there is any dispute that the 2nd respondent did not attend to the work assigned to him. In view of that, the application filed by the 2nd respondent was allowed. The said order was questioned in appeal before the appellate authority i.e., 4th Additional District Judge (FTC), R.R.District and under the impugned order, the appellate authority also returned concurrent finding agreeing with the view of the primary authority. The said order is questioned in this revision. Heard the learned counsel for the petitioner who has strenuously contended that the primary authority and the appellate authority have committed error in not appreciating the evidence that the 2nd respondent himself is guilty of not attending to work assigned and as such, on the principle of “No work and No pay”, he is not entitled to any wages. Learned counsel for the appellant points out that the 2nd respondent has filed a separate application under Minimum Wages Act claiming that he is entitled to more than Rs.2,666/- from June, 2001 as per the Minimum Wages Act. In view of that, the learned counsel submits that under Section 1 (6) of Payments of Wages Act, the salary claimed by the 2nd respondent being above Rs.1600/- per month, the same does not fall within the purview of Payment of Wages Act. Respondents though served, nobody appears. I have examined the claim of the 2nd respondent and the adjudication thereof by both the authorities below. It is noteworthy that upto June, 2001, admittedly the wages were paid to the 2nd respondent. However, for the subsequent period, the plea of the petitioner-Management that he has not attended to the work assigned, has not been established as there is neither any evidence of the Supervisor nor any other material to support the said plea. In view of the admitted position that the 2nd respondent attended the factory on all the days from 5-6-2000 to January, 2001, the admitted salary payable to him at Rs.1400/- per month cannot be disputed by the petitioner-management. With regard to the plea of claim of the 2nd respondent before the Minimum Wages Authorities is concerned, the same is disputed by the petitioner/management and as such, when the Management itself does not accept the wages claimed by the 2nd respondent, the said claim of the 2nd respondent cannot be relied upon to oust the jurisdiction of the authority under the payment of wages Act. I am unable to find any reason to interfere with the impugned orders. The Revision Petition is liable to be dismissed and is accordingly dismissed. No costs. ___________________________________ JUSTICE VILAS V. AFZULPURKAR Dated 28-01-2011 Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.2196 of 2007 Dated 28-01-2011