THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No. 536 of 2010 Between:
P.V. Ramana Reddy & others and The Government of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Hyderabad & others …… Petitioner ….. Respondents O R D E R:
Heard the learned counsel for the petitioners, the learned Government Pleader for Finance & Planning for Respondents 1 and 2 and Sri Y.V. Ravi Prasad, learned counsel for Respondent No.3.
In this Writ Petition, the petitioners, who are the contractors, seeks a mandamus to declare the action of the respondents in not including 1% towards labour cess in respect of the works allotted to the petitioners and payments made after 26.06.2007 by revising the estimates as per U.O. Note No. 4763/PFS.F8/(A1)/98-4, dated 04.02.2008 as illegal and arbitrary.
When the matter has been taken up today, the learned counsel for the parties have submitted that the subject matter of this Writ Petition is squarely covered by the judgment of this Court in Writ Petition No. 23761 of 2009, dated 14.11.2009.
Therefore, following the ratio laid down in the aforesaid judgment, I dispose of this Writ Petition, in the following terms:
a) the respondents shall include 1% cess in the estimates for the works which they propose to undertake, if the work continues for or beyond twelve months and involves engagement of 10 workers or more; and
b) the respondents shall not deduct any amount towards cess, unless the corresponding amount is included in the estimates.
There shall be no order as costs.
(R. SUBHASH REDDY, J) 20th January 2010 Note: Issue CC in three days. ksld