A writ petition challenging a Government Order regarding the Minimum Wages Act was dismissed as infructuous by the Court because a subsequent Government Order had already been issued on the same subject.
Writ petition dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE G. BIKSHAPATHY
WRIT PETITION NO : 11329 of 1994
Between:
1. The Film Exhibitors Association
2. Meera Talkies, rep.by Mrs Manjula Varshini
3. Meera Delux Talkies, Rep.by its Proprietor
Mrs manjula Varshini.
4. M/s Sangeet Cinema, rep.by Sri Shiv Shanker Miasra.
5. M/s Subhash Cinema, repby Sri Goverdhandas partane
6. M/s Shaam Cinema, rep.bySriSyed Ghousuddin Ahmed
7. M/s Manohar Cinema rep.by Sri P.Anand Rao
8. M/s Yadagiri Cinema, rep.by Sri B.Dayanand
9. M/s Deepak Cinema rep.by Sri S.R.Jaiswa
10.M/s Nataraj Cinema rep.by Sri Gannu Singh
11.M/s Galaxy Cinema rep.by Sri R.Ramakrishna Rao
12. M/s Aradhana Cinema rep.by Sri D.Ramachandra Rao
13. M/s Krishna Talkies, Rep.by R.C.Lahoti.
P4 to 13 impleaded as per order dt 5.8.94 in WPMP17254/94.
..... PETITIONERS
AND
1. The State of A.P. Rep.by its Secretary Incharge
Labour, Secretariat, Hyderabad.
2. The Commissioner of Labour Anjaiah
Bhavan, BehindDevi Talkies, Chikkadpally,Hyderabad
3. Ex Officio Principal Secretary to Government Incharge Labour, Anjaiah bhavan, Behind Devi Talkies, Chikkadpally,
Hyderabad.
4. The Advisory Board under Minimum Wages Act, Office of Dy. Commissioner of Labour Twin Cities, Rep.by its Chairman Anjaiah bhavan, Behind Devi Talkies, Chikkadpally,
Hyderabad.
5. Union of India, Rep.by its Secretary.
Incharge Labour, Secretariat, New Delhi.
....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue writ, order or direction particularly one in the nature of writ of mandamus declaring the GO Ms. No. 31, Women’s Development Child Welfare & Labour (LabII) Department dated 06.03.1992, published in A.P. Gazettee, Part-I, extraordinary on 22.04.1991 as illegal, in operative, arbitrary and consequently set aside the same. Counsel for the Petitioner: MR.P.NAGESWAR SREE
Counsel for the Respondent No.: GP FOR SOCIAL WELFARE
The Court made the following:
ORDER:
The learned counsel for the petitioners submits that subsequent to the impugned notices, Government has already issued another G.O under Minimum Wages Act. Therefore, the Writ Petition has become infructuous.
Accordingly, the Writ Petition is dismissed as infructuous. No costs.
SD/-C.V.RAMAKRISHNA
ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To
1. The Secretary Incharge
Labour, State of A.P. Secretariat, Hyderabad.
2. The Commissioner of Labour Anjaiah
Bhavan, Behind Devi Talkies, Chikkadpally, Hyderabad
3. Ex Officio Principal Secretary to Government Incharge Labour, Anjaiah bhavan, Behind Devi Talkies, Chikkadpally,
Hyderabad.
4. The Advisory Board under Minimum Wages Act, Office of Dy. Commissioner of Labour Twin Cities, Rep.by its Chairman Anjaiah Bhavan, Behind Devi Talkies, Chikkadpally,
Hyderabad.
5. The Secretary. Union of India, Incharge Labour, Secretariat, New Delhi.
6. 2 CC copies to GP for Social Welfare.
7. 2 CDs
aps
dated:19/8/2004
ORDER
WP.NO.11329 OF 1994
DISMISSING THE WP WITHOUT COSTS.
1 issue framed by the court
Whether the Writ Petition challenging a Government Order is still maintainable given the issuance of a subsequent Government Order under the Minimum Wages Act.
2 provisions across 2 enactments
The Film Exhibitors Association
The State of A.P.
G. Bikshapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
