M/s Shivani Tansport Ltd v. The Labour Officer I, Vijayawada & Anr.
Case at a glance
- Decided
- 28 Dec 2011
- Bench
- R KANTHA RAO
Outcome
Allowed
In view of the above submission, the writ petition is allowed
Provisions considered
Judgment
HON'BLE SRI JUSTICE R.KANTHA RAO W.P.No.5719 OF 2000 OREDER: Heard Sri V.S.R. Anjaneyulu, learned counsel appearing for the petitioner and none appears for the respondents. It is submitted by the learned counsel appearing for the petitioner that similar writ petition No.5404 of 2000 has been disposed of by the learned Single Judge of this Court which is as follows: “It is admitted by the counsel on either side that in view of the law declared by this Court in B.V. Bus Service V Labour Court, Guntur (1977 Lab.I.C. 320) the authority which issued the impugned notice dated 06.12.1999 has no jurisdiction to proceed under Minimum Wages Act,
Operative part
1948. The petitioners’ claims are governed under Section 25 of the Motor Transport Workers Act, 1961. In view of the same, the first respondent is hereby prohibited from proceeding with the claim made by the second respondent. The writ petition is accordingly allowed. However, it is open for the second respondent to pursue his remedies under Motor Transport Workers Act, 1961 before appropriate forum.” In view of the above submission, the writ petition is allowed declaring the order dated 21.08.1999 passed in M.W. Case No.296 of 1995 as without jurisdiction and ultra vires to the provisions of the Motor Transport Workers Act, 1961. There shall be no order as to costs. Dated: 28.12.2011 __________________ R.KANTHA RAO,J HON'BLE SRI JUSTICE R.KANTHA RAO W.P.No.5719 OF 2000 DATE: 28.12.2011
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above submission, the writ petition is allowed
Which statutory provisions did this judgment involve?
Minimum Wages Act, 1948; Motor Transport Workers Act, 1961 — s. 25.
Which court decided this case, and when?
Andhra Pradesh High Court, on 28 Dec 2011. The bench was R KANTHA RAO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.