ORDER :

Since the issue involved in all these Writ Petitions is one and the same, this Court deems it appropriate to dispose of all these cases by way of this common order.

2. The workmen filed four Miscellaneous Petitions on the file of the Presiding Officer, Labour Court, Guntur (hereinafter called, ‘the Labour Court’) to direct the employer-society for payment of subsistence allowance at the rate of 75% with interest at 12% per annum from due date till the date of realization. The Labour Court, vide order dated 14.12.2015, partly allowed the said petitions, directing the employer-society to pay subsistence allowance to the workmen. Aggrieved by the said orders, the employer-society filed four Writ Petitions, viz., W.P.No.19698 of 2017, W.P.No.19541 of 2017, W.P.No.19551 of 2017 and W.P.No.19553 of 2017 and the workmen filed three Writ Petitions, viz., W.P.No.10436 of 2016, W.P.No.16937 of 2016 and W.P.No.16947 of 2016 for not granting interest on the amount of subsistence allowance determined by the Labour Court.

3. For the sake convenience, this Court is inclined to mention the pleadings in W.P.No.19698 of 2017. The parties will be referred to as ‘workmen’ and ‘society’.

4. The workmen were originally joined as an employee in the society and they were subsequently promoted as Secretary. Thereafter, the workmen were put under suspension on 11.08.2003 and they have challenged the said suspension before the composite High Court and the composite High Court, vide order dated 26.08.2003 in W.P.M.P.No.22284 of 2003, suspended the operation of the suspension order. Basing upon the said order, the workmen were taken to duty on 31.12.2004. Again, the workmen were put under suspension on 10.11.2006 on the ground of misappropriation of funds of the society. The petitioner worked from 31.12.2004 to 09.11.2006 in the society, but he was paid salary by the society for the said period. Therefore, the workmen filed Miscellaneous Petitions under Section 33(C)(2) of the Industrial Disputes Act against the society, seeking to direct the employer-society to pay subsistence allowance with interest.

5. The case of the society is that the workmen are not entitled to monthly salary as mentioned in the petitions and as per G.O.Ms.No.94 dated 28.02.2004. He would further contend that the workmen are not entitled to salary @ Rs.4,000/- per month and they are entitled to the last pay drawn i.e., @ Rs.3,200/- per month in pursuance of Section 116(C) of the A.P.Co-operative Societies Act. The society has laid the contention as to the maintainability of the Miscellaneous Petition under Section 33(C)(1) of the Industrial Disputes Act and though the contention was raised, nothing was placed before the Court to substantiate the said contention. Basing on the submissions made by both sides, the Labour Court passed an order dated 14.12.2015, directing the society to pay subsistence allowance as prayed for. Aggrieved by the said order, the society filed four Writ Petitions, viz., viz., W.P.No.19698 of 2017, W.P.No.19541 of 2017, W.P.No.19551 of 2017 and W.P.No.19553 of 2017, on the ground that (1) the Industrial Tribunal has no jurisdiction to entertain the Miscellaneous Petitions under Section 33(C)(2) of the Industrial Disputes Act, (2) that the Andhra Pradesh Shops and Establishments Act, 1988, is not applicable to the Cooperative Societies and (3) that the workmen are not entitled for subsistence allowance. The workmen filed three Writ Petitions, viz., W.P.No.10436 of 2016, W.P.No.16937 of 2016 and W.P.No.16947 of 2016 for not granting interest by the Labour Court.

6. Sri P.Vara Prasada Rao, learned Assistant Government Pleader appearing for the 1st respondent herein- State would contend that he adopted the arguments of the learned counsel for the society and he would further submit that workmen have joined as Clerk in the society and that they are not entitled to salary @ Rs.4,000/- per month and they are entitled to the last drawn pay, i.e., @ Rs.3,200/- per