Sri Laxmi engineering Company Vs Government of Andhra Pradesh, Irrigation and Command Area

THE HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA

W.P.No. 6299 of 2010

Oral order:

This writ petition is filed to declare the action of the respondents in not reimbursing the amount deducted towards labour cess in each bill as per clause 39.15.1.2 of the agreement bearing No.04/2009-10 dated 14.10.2009 between the petitioner and the second respondent as illegal.

¶5

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.

¶6

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.

¶7

Heard the learned counsel at length.

¶8

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.

¶9

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:

¶10

(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

¶11

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

¶12

There shall be no order as to costs.

¶13

As a sequel to disposal of the writ petition, WPMP No.8122 of 2010 filed by the petitioner for interim relief is disposed of as infructuous.

¶14

ASHUTOSH MOHUNTA, J.

¶15

Dt. 15-02-2012 lvl

Sri Laxmi engineering Company v. Government of Andhra Pradesh, Irrigation and Command Area

Case brief

What is this about?

What did the court decide?

Sri Laxmi engineering Company v. Government of Andhra Pradesh, Irrigation and Command Area

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

U. Jagadish Prasad Vs The Joint Collector

Nallu Rajiv Srinivas Vs The Regional Passport officer, Clock Tower

M/s.Shouri Engineering Enterprises, Authorized dealer Vs The Chief Executive officer,Secunderabad Cantonment

M/s. The Jeypore Sugar Company Limited, Vs Union of India

M/s. Sainath Estates Pvt. Limited Vs The Government of A.P.

Sri T. Hari Prasad, Vs Government of Andhra Pradesh