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2024 Supreme(Online)(Tel) 31500

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J
M.A.Wahid & others – Appellant
Versus
The Union of India & others – Respondent


Advocates:
For the Appellants/Petitioners: Sri G.Shiva
For the Respondents: Asst.Solicitor General of India for R1, Smt.Tara Sharma for R2 and R3

ORDER:

Heard Sri G. Siva, learned Senior Designate Counsel appearing on behalf of Petitioners, learned Assistant Solicitor General of I ndia appearing on behalf of respondent No.1 and learned Counsel Smt. Tara Sharm a, appearing on behalf of Respondent Nos.2 and 3.

2. Petitioners approached the Court seeking the prayer as under:

“...to issue an appropriate writ order or direction more particularly one in the nature of writ of Certiorari (a) Calling for all the relevant and connected records relating to the order in award dated 24.09.2015 in I.D. 7 of 2011 on the file of the Learned Central Government Industrial Tribunal, Hyderabad communicated by the Memorandum dated 25.1.2016 by quash or set aside the same holding it as legally unsustainable and suffering from error of jurisdiction.

(b) Consequently declare the action of the Respondent factory in denying the overtime allowance to which the petitioners are entitled to under section 59 of the Factories Act and in its lieu paying a Special Allowance (Fixed amount) as arbitrary, illegal, unjust, violative of the provisions of the Factories Act and violative of Articles 14 and 16 of the Constitution of India.

(c) Further direct the Resp

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