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M/s. Sri Harsha Constructions v. The Government of A.P.

Telangana HC8 Feb 2012WP/15613/2010

Case brief

AI extract

What is this about?

This Single Judge Writ Petition sought directions to include 1% Labour Cess in government work estimates. The court disposed of the petition on the same terms as a previous common order, directing respondents to add the cess to estimates for long-term projects involving 10+ workers and prohibiting deductions unless included.

What did the court decide?

Respondents shall include 1% cess in estimates for works continuing for 12+ months with 10+ workers; no deductions unless included in estimates.

M/s. Sri Harsha Constructions Vs The Government of A.P. — Landlord and Tenant | 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 EIGHTH 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.15613 of 2010

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Between: M/S.Sri Harsha Constructions, Hyderabad Rep.by its Managing Partner N.Venkateswara Rao

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..... PETITIONER

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AND

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The Government of Andhra Pradesh, Rep.by its Principal Secretary, Finance and Planning (Works & Projects) Department, Secretariat, Hyderabad and 12 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.15613 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 the petitioner 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 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 and Planning, however, submits that since large number of cases are already pending in this Court, 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.19428 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: 30.01.2012 Dsr

M/s. Sri Harsha Constructions v. The Government of A.P.

Case brief

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M/s. Sri Harsha Constructions v. The Government of A.P.

Case brief

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