Allowed

M/s. Ivrcl.Infrastructures and Projects Limited, v. Government of Andhra Pradesh Rep. by its

Telangana HC13 Feb 2012WP/12846/2010

Case brief

AI extract

What is this about?

The High Court of Judicature allowed the writ petition, directing the Government of A.P. to include a 1% Labour Cess in estimates for works engaging 10+ workers lasting over 12 months, as decided in a prior batch (W.P.No.11269 of 2009).

What did the court decide?

Direction to respondents to include 1% cess in estimates for works engaging 10+ workers for over 12 months and not deduct cess unless included in estimates.

M/s. Ivrcl.Infrastructures and Projects… — Contract and Commercial Disputes | Telangana HC (2012)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWELVE

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PRESENT

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THE HON'BLE MR JUSTICE ASHUTOSH MOHUNTA

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WRIT PETITION No.12846 2010

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Between:

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M/s.IVRCL Infrastructures & Projects Limited, Rep.by its Authorised Signatory P.Umashanker

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..... PETITIONER

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AND

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The Government of A.P. rep.by its Principal Secretary, Irrigation & CAD Department Secretariat Buildings, Hyderabad and 4 others

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.....RESPONDENTS

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The Court made the following:

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THE HON'BLE MR JUSTICE ASHUTOSH MOHUNTA

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WRIT PETITION No.12846 of 2010

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O R D E R:

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The petitioner prays that a direction be issued to the respondents to include 1% towards Labour Cess in all the works entrusted to him and for all the payments made after 26.06.2007 as per Clause- (i) of U.O.No.4763/PFS/F8(A1)/98-4, Finance (Works & Projects) Department, dated 28.02.2008.

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Learned counsel for the petitioner submits that the subject matter

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of this writ petition is squarely covered by a common order passed by this Court in W.P.No.11269 of 2009 and batch, dated 22.10.2009.

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Learned Assistant Government Pleader for Finance & Planning, however, submits that since large number of cases are already pending in this Court and at most, only interim order may be passed and cases may not be disposed of in terms of W.P.No.11269 of 2009 and batch. He also referred to the judgment passed by a learned Single Judge of this Court in W.P.No.4587 of 2008 and batch, dated 15.07.2008.

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However, the learned counsel for the petitioner submits that as far as the controversy involved in the aforementioned judgment of this Court in W.P.No.4587 of 2008 and batch dated 15.07.2008 is concerned, the same is entirely different to the controversy involved in this case. The learned counsel for the petitioner further submits that indeed on 10.02.2012 itself my learned Brother, Sri Justice Nooty Ramamohana Rao disposed of a large number of batch of cases being W.P.No.12911 of 2009 and batch involving the one and the same controversy in the case on hand and therefore, the present writ petition also be disposed of in terms thereof.

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Heard the learned counsel at length.

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The question, which came up for consideration in W.P.No.11269 of 2009 and batch, and W.P.No.12911 of 2009 and batch, and the present writ petition, is absolutely one and the same. Hence, no purpose would be served by passing interim order now and thereafter disposing of the cases in terms of decision rendered in W.P.No.11269 of 2009 and batch.

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In view of the above, this writ petition is disposed of in the same terms as in W.P.No.11269 of 2009 and batch with the following directions:

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(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

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(b) the respondents shall not deduct any amount towards cess, unless the corresponding amount is included in the estimates.

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There shall be no order as to costs.

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As a sequel to disposal of the writ petition, WPMP.No.16185 of 2010 filed by the petitioner for interim relief is disposed of as infructuous.

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______________________ ASHUTOSH MOHUNTA,J

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Dated: 13.02.2012 Dsr

M/s. Ivrcl.Infrastructures and Projects Limited, v. Government of Andhra Pradesh Rep. by its

Case brief

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What did the court decide?

M/s. Ivrcl.Infrastructures and Projects Limited, v. Government of Andhra Pradesh Rep. by its

Case brief

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What did the court decide?

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