This common order dismisses writ petitions challenging a 1% cess demand under the Building and other Construction Workers Act, 1996, by noting that the subject matter is covered by a Division Bench judgment which held the petitioners' claim invalid.
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.
HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION Nos.25055, 25064, 25072 AND 25084 OF 2014
COMMON ORDER:
In these writ petitions, the petitioners challenged demanding of 1% cess in accordance with ‘The Building and other Construction Workers(Regulation of Employment and Conditions of Services) Act, 1996’.
On the same subject matter, W.P.No.9111 of 2010 and batch were allowed by a Single Judge of this Court vide order dated 28.11.2013. Aggrieved thereby, the respondents filed Writ Appeal No.1012 of 2015 and batch. By judgment dated 06.08.2015, the order of Single Judge was set aside and the writ appeals filed by the respondents were allowed.
When the matter is taken up for hearing, the learned counsel for the petitioners as well as respondents submitted that the subject matter of the writ petitions is covered by the decision of the Division Bench in the said writ appeals.
In view of the judgment rendered by the Division Bench setting aside the order of the Single Judge, the claim of the petitioners is no more valid and the writ petitions are liable to be dismissed.
Accordingly, these Writ Petitions are dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, pending if any, shall stand closed.
______________ P.NAVEEN RAO, J
Date: 13.08.2015
pab
P.NAVEEN RAO
As recorded by the court registry
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