A single-paragraph oral order disposing of a writ petition regarding Labour Cess in government works by following a prior common order common to the batch.
Respondents directed to include 1% cess in estimates for works exceeding twelve months with 10+ workers and not deduct cess unless included.
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.
THE HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA
W.P.No. 8481 of 2011
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.
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.
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.
Heard the learned counsel at length.
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.
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:
There shall be no order as to costs.
As a sequel to disposal of the writ petition, WPMP No.10544 of 2011 filed by the petitioner for interim relief is disposed of as infructuous.
ASHUTOSH MOHUNTA, J.
Dt. 07-02-2012 lvl
2 issues framed by the court
Whether the respondents are directed to include 1% cess in estimates for works engaging 10 or more workers.
Whether the respondents are prohibited from deducting cess unless included in estimates.
Colour shows how this judgement treated each authority
W.P.No.11269 of 2009 and batch, dated 22-10-2009Followed¶8
1 provisions across 1 enactments
Petitioner
Respondents
Ashutosh Mohанта
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
