Writ petition challenging the deduction of Labour Cess as illegal. Court relied on a previous order directing respondents to verify work estimates before deducting 1% cess.
Respondents to deduct 1% Labour Cess only if the amount is included in the work estimates; otherwise, no recovery permitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THE HON’BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.704 of 2023
Between:- M/s.Padma Engineering Works, Rep.by its Manager, Mr.K.Venkateswara Rao. .... Petitioner
And
The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Irrigation, A.P.Secretariat, Velagapudi, Amaravathi & Others. ..... Respondents
Counsel for the petitioner : Mr.G.R.Sudhakar Counsel for the respondents : G.P. for Irrigation and CAD Mr.V.Raja Manohar, Standing Counsel for APSIDC
ORDER:
Heard learned counsel for the petitioner. Also heard Mr.V.Raja Manohar, learned Standing Counsel appearing on behalf of respondents 2 to
2
1% from the contractors, without including the same in the work estimates/agreements prepared by the respondents, fell for consideration in W.P.No.16156 of 2020 & Batch etc. The learned Judge of this Court disposed of the same vide Order dated 20.09.2023. He submits that the petitioner in the present writ petition is also entitled to the benefit of the said orders and the writ petition may be disposed of on similar lines.
be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
_____________________ NINALA JAYASURYA, J
Date: 24.11.2023 BLV
3
THE HON’BLE SRI JUSTICE NINALA JAYASURYA
W.P.No.704 of 2023
Date: 24.11.2023
BLV
2 issues framed by the court
Whether the respondents can recover Labour Cess of 1% from the petitioner's work bills.
Whether the petitioner is entitled to the benefit of the order in W.P.No.16156 of 2020.
1 provisions across 1 enactments
M/s. Padma Engineering Works
The State of Andhra Pradesh
NINALA JAYASURYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
