Telangana High Court
WP/22283/1995 of SYED SIRAJULAHSAN Vs COMMISSIONER M.C.WARANGAL on 9 December 2002
SRI JUSTICE V. ESWARAIAH WRIT PETITION Nos.21640 OF 1995 and 22283 OF 1996 DATED: 17-10-2006 WP.No.21640 of 1995 BETWEEN Sri Jagini Textiles, Prakasham Bazar, Nalgonda, Rep. by its Proprietor, Jagini Kushalaiah. …PETITIONER AND Government of Andhra Pradesh, Rep. by its Principal
THE HONOURABLE SRI JUSTICE V. ESWARAIAH
WRIT PETITION Nos.21640 OF 1995 and 22283 OF 1996
DATED: 17-10-2006
WP.No.21640 of 1995
BETWEEN
Sri Jagini Textiles, Prakasham Bazar,Nalgonda, Rep. by its Proprietor,Jagini Kushalaiah.
…PETITIONER
AND
Government of Andhra Pradesh,Rep. by its Principal Secretary to Government,Labour Employment and Training Department,Government of Andhra Pradesh, Secretariat,Buildings, Hyderabad and others.
…RESPONDENTS
WP.No.22283 of 1996
BETWEEN
Jagini Textiles, Prakasham Bazar,Nalgonda, Rep. by its Proprietor,Jagini Kushalaiah, S/o. Ramulu .…PETITIONER
AND
The Authority under Section 50 ofA.P. Shops and Establishment Actand Labour Officer, Nalgonda and others .…RESPONDENTS
COMMON ORDER:
These two writ petitions have been filed questioning the action of theLabour Officer/Appellate Authority under Section 53 of the Act and AssistantCommissioner of Labour, Nalgonda in entertaining the minimum wagesapplications contending that they have no jurisdiction to entertain any claimsunder the Minimum Wages Act, 1948.
Page 1 of 2
Counter has been filed stating that the Government of Andhra Pradeshissued notification in exercise of powers conferred by virtue of Sub-section(1)(2) of Section 20 of the Workmen’s Compensation Act, 1923 notifying theLabour Officers as Commissioners under the Workmen’s Compensation Actto hear and decide the claims arising under the Workmen’s CompensationAct in G.O.Ms.No.149 dated 12.10.1991 along with other officers. The saidnotification was published in the A.P. Gazette Part I-IV dated 23.01.1992 atpages 94 to 96. It is also stated that the Government of Andhra Pradeshissued notification by virtue of powers conferred under Sub-section (1) ofSection 20 of Minimum Wages Act, 1948 in G.O.Ms.No.126 WomenDevelopment and Child Welfare and Labour (Labour II) dated 19.08.1992notifying all the Commissioners appointed under the Workmen’sCompensation Act, 1923 as the authorities under the Minimum Wages Act tohear and decide the claims arising under the Minimum Wages Act. It isfurther stated that the said notification was published in A.P. Gazette Part – INo.338 dated 26.09.1992.
In view of the aforesaid notifications, I am of the opinion that the LabourOfficers in the entire State of Andhra Pradesh are the authorities under theMinimum Wages Act to hear and decide the claims arising under theMinimum Wages Act. Therefore, the Labour Officers are entitled to decidethe applications filed before the authorities under the Minimum Wages Act.
The writ petitions are devoid of merit and they are accordinglydismissed. There shall be no order as to costs.
October 17, 2006DSK
______________
V. ESWARAIAH, J
Page 2 of 2
Loading citations and judicial treatment…