M/s v.Srinath and Company Rep.by its Managing Partner Vs The Engineer-in Chief Rws,Erramanjil,Hyderabad

THE HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA

W.P.No. 13919 of 2010

Oral order:

The petitioner prays that a direction be issued to the respondents to include 1% towards Labour Cess in all the works entrusted to the petitioner and for all the payments made after 26-06-2007 as per Clause (i) of U.O.No.4763/PFS/F8/98-4, Finance (Works & Projects) Department, dated 28-02-2008.

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Learned counsel for the petitioner submits that the subject matter 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 Irrigation, 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.

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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 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.17512 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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Dt. 07-02-2012 lvl

M/s v.Srinath and Company Rep.by its Managing Partner v. The Engineer-in Chief Rws,Erramanjil,Hyderabad

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M/s v.Srinath and Company Rep.by its Managing Partner v. The Engineer-in Chief Rws,Erramanjil,Hyderabad

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