Railway contractors challenged labour welfare cess deductions from outstanding bills. The Court disposed of all three writ petitions by applying an earlier Division Bench judgment mutatis mutandis, treating the issue as concluded.
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.
1
HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE SIXTEENTH DAY;OF IVARCH TWO THOUSAND AND TWENry TWO
PRESENT
THE HON'BLE THE GHIEF JUSTICE SATISH CHANDRA SHARMA AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVi[i
WRIT PETITION Nos. 10164 10786 & 10912 0F 2009
WP No.10'164 of 2009
Between:
...PETITIONERS
AND
)
t,'
...RESPONDENTS
Petition under Article 226 of the Constitution of lndiaprayingthat in the circumstances stated in the affidavit filed therewith, theHigh Court may be pleased toto issue a Writ order or direction, moreparticularly one in thenature of Writ of Mandamus declaring the impungedMemo bearing No.W /148 l1 l9 Vol.lV, dated 03-03-2009 of the Chief Engineer(Works), SouthCentralRailways, Secunderabad r/w Sec.4, 5 & 10 and Rule 4, 5, 7, I & 10 ofThe Building & Other Construction Workers' Welfare Cess Act, 1996 & Rules, 1998made thereunder as illegal, arbitrary, u nco nstitutio na I and against to theprinciples ofnatural justice thereby to direct the Respondents not to recover the Cess from the outstanding bills of the Petitioners.
-)
\IVVMP. NO:3568 OF 2009
fI
Between:
AND
4
.. Respondents
PetitionunderSectionl5lCPCprayingthatinthecircumstancesstated in the affidavitfileO in support of tre peiition,ifre nigf' Court may be-p]9u:"^g lo vacate theinterim orders passed in W'Ptt/'P No 1312O of 2009 in W'P No 10164 "izjog Dated:20-5-2009,thereby dismissing the writ petitionwithexemplary costs.
WPMP NO: 120 F 200
PetitionunderSection,l5,lCPCprayingthatintheCircumstancesstated in the affidavitfiled in support of the peiition,ine nigrr Court may be pleasedto direct theRespondentsto pay the biils to the Petitionerswithoutdeductingthe i;;;;; C".; @1o/ofrom tnL 6itts pavable to the Petitioners during the pendencv of the Writ Petition.
Counsel forthe Petitioners:SRIB'CHINNAPAREDDY
Counsel fortheRespondentNos.1to 16: SRIGOURI SHANKAR SANGHI
Counsel fortheRespondent No'17:GP FORLABOUR
5
WP NO: 10786 OF 2009
Between:
.,.PETITIONERS
AND
6
tlI
7
...RESPONDENTS
Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or directton specially one in the nature of Writ of IVlandamus, declaring the impugned memo NO. W.148/1/9(vol.lV) Dated 3-3-2009 on the file of Chlef Engineer (Works), South Central Railway, Secu nd era bad-2 nd respondent and the action of the respondents in unilateral, arbitrary deduction of the 1% Labour Cess from the outstanding bills of the petitioenrs under the provisions of the the Building & Other Construction Workers Welfare Cess Act, 1996 and rules made thereunder as illegal, arbitrary and violative of principles of naturaljutice and consequently direct the respondent not to recover 1ok labour cess amounts from the bills payable to the petitioners.
WVMP. NO: 3567 OF 2009
Between:
. . . Petitioner/Respondent
8
//
9
/
/
I /' ;
AND
l0
4
(Not a necessary party)
...Respondents
Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, ine nign court may o" pr"*LJ t" v?g1t^e^tle interim orders passed in w.p.M.p.No.13dso or zoos i, w.nr.r".rolao of 2009 Dated:2-6-2009, thereby dismissing the writ petition with "r".prrrv .ori..
WPMP. N O:1385 6 0F 2009
Petition under section '151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition,'th; High court may be preased to pay the amounts under the biils payabre to the petition"ers without deductin; t;; ;b;r 9":: Petition.@ lokfrom the biilspayabre to the petitioners, pending disposar of the wrjt
Counsel for the.Petitioners: SRI L.pRABHAKAR REDDy
Counsel forthe Respondent Nos.1 to 32: SRI GOURI SHANKAR SANGHI
Counsel for the Respondent No.33: Gp FOR LABOUR
WP NO: 10 12 0F 009
Between:
M/s. Chamundi Constructions,, . lep. bV_.tLs, partner, M. Nageswara Rao contractors, s/o. Late uaraiimtrim bnii'e ii'd-i-+rz (6ii itithq Ragimental Bazar, SecunderanaO-SOOOZS.
...PETITIONER
AND
u
/
,,
..RESPONDENTS
Petition under A(icle226 of the constitutionof lndiapraying that in the circumstances statedin the affidavitfiledtherewith,the High court may be pleased to issuo a writ order or direction,more particularly onein the nature of writ of Mandamus declaringthe impugned Memobearing No.W/148/1/9 Vol.lV, dated 03-03-2009 ofthe bhiefEngineer (Works), South CentralRailwasy, Secunderabad r/wSec.4, 5 and'10 and Rule 4, 5, 7, I & 10 of the Building & other construction workerswelfare cessAct,1996& Rules 1998 made there underas iilegal, arbitrary, unco nstitutionaland againstto the principlesof natural justice theieby to direct theRespondents not to recover the Cess from the outstanding bills of the Petitioners.
WVMP. NO:356 I oF2009
Between:
tz
V'
Petitioners/Respondents
AND
...Respondents
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders passed in W.P.M.P.No.14030 of 2009 in W.P.No.109'12 of 2009 Dated:4-6-2009, thereby dismissing the writ petition with exemplary costs.
WPMP. NO: 14030 OF 2009
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to pay the bills to the Petitioners without deducting the Labour Cess @ 1ok from the bills payable to the petitioners during the pendency of the Writ petition before this Hon'ble Court.
Counsel for the Petitioner: SRI B.CHINNAPA REDDY
Counsel forthe Respondent Nos.1 to 12: SRI GOURI SHANKAR SANGHI
Counsel for the Respondent No.13: GP FOR LABOUR
The Court made the following:
;
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARIIII\
AND
THD HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION Nos. 1O164 10786 and LO9t2 of2OO9
COMMON ORDER. lPet the llon'b)e rhe Chief Justice Sdtish Chnndra Sharmd)
Learned counsel for the parties have informed this Court that the issue involved in the present cases stands concluded on accounl of the jr-rdgment del.ivered bv a I)ivision Bench of the unilled High Cor.rrt for the States oi 'le.langana and Audhra Pradesh in the case of Government of Andhra Pradesh vs. L, Samba Siva Rao1.
In the Iight of the aforesaid, l.he present writ petitions aJso stand disposed of.'l-he judgment delivered in the case of Gover4ment of Andhra Pradesh (supra) shall be applit--able mutatis mutandis in the present cases also.
Let a copy of the judgmen t dt:livered in the case o1' Government of Andhra Pradesh (supra) be kept on record in
thc present cases.
\
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SD/.T,TIRUMALADEVI ASSISTANTREGISTRAR
SECTIONOFFICER
To
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HIGH COURT
DATED: 16-03-2022
COMMON ORDER
WP Nos.10164,10786 & 10912 OF 2OO9
1 E STAT 6
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DISPOSING OF ALL THE WRIT PETITIONS
@*6"t &,, ----alql"
1 issue framed by the court
Whether labour welfare cess could be deducted from contractors' outstanding railway bills?
Colour shows how this judgement treated each authority
Government of Andhra Pradesh vs. L, Samba Siva RaoApplied¶272
Government of Andhra Pradesh vs. L, Samba Siva Rao
A.P. Diwakar Nath
M/s. Krans Projects Private Limited
M/s. Chamundi Constructions
The General Manager, South Central Railways
The Chief Engineer (Works), South Central Railways
The Commissioner of Labour, Govt. of A.P.
SATISH CHANDRA SHARMA
ABHINAND KUMAR SHAVILI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
