M GANESH Vs. SOUTH CENTRAL RAILWAY REP

JUDGEMENT

(1.) This writ appeal filed by the unsuccessful writ petitioner is directed against the order of the learned single judge dated 23.2.2001 made in Writ Petition No.8665/2000. In the said writ petition, the petitioner assailed the proceedings No. YH/148/W.III issued by the Divisional Railway Manager (Works), Hyderabad Division, South Central Railways, Secunderabad, the 1st respondent herein and the proceedings No. 8/008/200022, dt. 28.4.2000 of the Assistant Labour Commissioner (CI), Office of the Regional Commissioner, ATI, Hyderabad, the 3rd respondent.

(2.) It appears that the appellant-petitioner is a contractor by profession. Having undertaken certain works and executed the same from the Railways, according to the petitioner, a sum of Rs.61,200.00 due to the petitioner has been withheld by the railway administration in view of the order made by the 3rd respondent dated 28.4.2000 directing the railway administration to pay a sum of Rs. 61,200.00 to the 4th respondent. It appears that the 4th respondent lodged a complaint with the 3rd respondent alleging that he worked under the petitioner contractor as a contract labourer and a total sum of Rs. 61,200.00, which is due to him towards his wages, is not paid by the petitioner contractor. On the basis of that application and after issuing a notice under Section 12 of the Industrial Disputes Act, the 3rd respondent by the impugned order dated 28.4.2000 directed the Railways to pay a total sum of Rs.61,200.00 to the 4th respondent. The petitioner contractor being aggrieved by the said order of the 3rd respondent filed the writ petition.

(3.) In the writ affidavit, it was contended that the impugned order of the 3rd respondent is one without authority of law in addition to other grounds. The learned single judge thought it appropriate not to interfere with the direction issued by the 3rd respondent by observing thus: