HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.1706 of 2012 Date: 27.12.2014 Between:
Pulletikurru PACS Ltd., No.X-564 Rep. by its CEO/Secretary, Pulletikurru … Petitioner And Yerramsetty Satyanarayana & another … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.1706 of 2012 ORDER:
The 3rd respondent in MW MP Case No.3 of 2011 on the file of the Authority under Minimum Wages Act, 1948 and the Joint Commissioner of Labour, Zone-II, Eluru, is the petitioner herein. By order dated 09.12.2011, the said Authority directed that the condone delay petition filed by the 1st respondent-workman herein should be considered with the main claim simultaneously. Aggrieved by the said order, this writ petition was filed.
2. By interim order dated 25.01.2012, this Court granted interim stay of all further proceedings in MW MP No.3 of 2011 pending further orders.
3. WV MP No.3213 of 2012 was filed by the 1st respondent- workman, to vacate the said order. When the mater was taken up for arguments on the interlocutory applications, both the learned counsel submitted that the issue of clubbing the condone delay petition with the main case fell for consideration before this Court in an earlier matter and that the decision rendered therein would cover the present case. The judgment of this Court in ‘Hyderabad Co-operative Trading vs. Authority under A.P. Shops and Establishments Act, 1988 and the Assistant Commissioner of Labour-III, Hyderabad, reported in 2004(1) ALD 742’, is placed on record.
4. Perusal thereof reflects that this Court, taking note of the fact that the statute under consideration in that case was a beneficial legislation and that a summary procedure was to be followed by the Authority to implement the same, held that there is no necessity of even filing a separate affidavit and petition for the purpose of condoning the delay, if any, and that the Authority can consider both the aspects i.e., the delay as well as the main claim together so as to avoid delay in disposal of the case. As the aforestated ratio would also apply to the Minimum Wages Act, 1948, this Court is inclined to accept and apply the same principle.
5. The writ petition is accordingly dismissed. It shall be open to the Authority to take up the condone delay application with the main case simultaneously and pass appropriate orders thereon in accordance with law. As the matter has been held-up owing to the stay orders passed by this Court, the Authority concerned shall dispose of the case as expeditiously as possible. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
SANJAY KUMAR, J
Date: 27.12.2014 BSS HON’BLE SRI JUSTICE SANJAY KUMAR 28 Writ Petition No.1706 of 2012 Date: 27.12.2014 BSS