Railway contractors challenged deduction of labour cess from their outstanding bills. The court disposed of the writ petitions by directing that an earlier Division Bench judgment apply mutatis mutandis, without costs.
The earlier Division Bench judgment was directed to apply mutatis mutandis to the writ petitions.
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.
\
p*'\GHqouRr.".-St,T5.t:d,:5SkS-9,[\iATHYDERABAD
THURSDAY ,THETHIRD DAY OF MARCH TWO THOUSAND AND TWENTYTWO
PRESENT
THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND
THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION Nos.7873. 9288. 9738. 9765. 10211. 10478, 10916. 11127, 11146. 11195. 11553. 11686. 11837. 1 1979. 12059 12234 12238 't2259 12410 12506 1278s 13069 13689 13873 13951 14581 15247 17816 18772 19243. 19339. 1957 5. 20'.122 & 20752 of2009:669. 1361, 3718 &'12344 ol 2O1O:. 12'104 of 20'l'l
WP NO: 7873 OF 2009
Between:
)
AND
It::lPC NDENTS
Petition under Art :,le 226 ol the Constitution ol lndi-r pr, ) irll tt at in the circumstances stated in the affidavit filed therewith. the Hi11t' Oourt may be pleased to issue a writ; ,rder or dlr*tio-n more particularly one in the nature of Writ of lvlandamus decla ing the impugned memo bearing l.Jo. \ft114811'9 Vol.lV, dated 03.03.2009 of tl e Chief Engineer (Works), Soutn rl,:rrtral lailways, Secunderabad r/w. Sec-4 5 & 10 and Rule. 4,5, 7, I & 10 of fh,: SLrildin,t & Other
Construction Workers'Welfare Cess Act,'1996 & Rules, 1998 nradc thereunder as illegal, arbitrary, unconstitutional and against to the principles of natural justice thereby to direct the respondents not to recover the Cess from the outstanding bills of the petitioners.
l.A. NO: 2 OF 2009{WPMP. NO: 10327 OF 2009)
Petition under Section 151 CPC praying that in the circrjrnstanccs sl.lted in the affidavit filed in support of the petition, the High Cou( may be pleased to direct the respondents to pay the bills to the petitioners without deductinq the Labour Cess @ 1oh from the bills payable to the petitioners during the pencicncy of the writ petition before this Hon'ble Court.
l.A. NO: 1 OF 2009(WVMP. NO: 3779 OF 2009)
Between:
...PETITIONERS/RESPONDENTS
AND
.1
.. t[:i;PC NDENTS
Petition under Sec ron 151 CPC praying that in the circurlst;tnces stated in the affidavit filed in suppr rl of the petition, the High Court may lrr 1rlr,:ascd vacate lhe interim orders passe< in W.P.M.P.No. 10327 / 2009 in V/.P. l,,lc. 78,'3.1 2OOg dated 18-4-2009, thereby lismissing the Writ Petition with exem[rli ry cosls.
5
Counsel for the Petitioners:SRl. P SRIDHAR REDDY
Counsel for the Respondent Nos. 1 to 8: SRl. G. SHANKAR SANGHI, SC FOR RAILWAYS
Counsel for the Respondent No. 9: SRl. P' GANGARAMI REDDY, GP FOR LABOUR
WP NO: 9288 OF 2009
Between:
AND
(l
..RI:SF ONDENTS
Petition unrjer A lrc)r: 226 of the Constitution of lndia pr:rying that in the circumstances stated i lhe affidavit filed therswith, the High Court may be pleased to issue a Wril order or direction, more particularly c,n,) in thr: nature of Writ of lr,4andamus decl,rir.rg the irnpugned Memo bearing Nc,.\V/148/'/9/ Vol.lV, dated 03.03.2009 of 'rn Chief Engineer (Works), South()ontral Railways. Secunderabad i'lw Sec. i,5, & 10 ancl Rule 4,5,7,9, & 10 of Th,: Builting & other construction Workers'\A r:lfare Ct:ss Act, 1996 & Rules, 1998 nr; rle the'eunder as illegal, arbitrary, uncon: litutional and against to the principles o{ natrual justice thereby to direct the R€:;pondents not to recover the Cess fn)rrr the outstanding bills of the Petitioner.
l.A. NO: 2 OF 2009(WPll P" NO: 12149 OF 2009)
Petition under Ser tion 151 CPC praying that in the circumstance:i stated in the affidavit filed in supp rrt of lhe petition, the High Court may te prlsass6 to direct lhe respondents to pay he bills to the petitioners without de(irrcting the Labour cess @ 1o/o'from lhe bills payable tc the petitioners during the per rclency of the writ petition before this Hon't le Cour1.
l.A. NO: 1 OF 2009(WVMP. NO: 3563 OF 2009)
Between:
AND
fi
RI:SPONDENTS
Petition ur Sectic I 151 ,CPC praying.that in the circtrrnsra r;e.s st:rted in the affidavit filed in support of the ?etitbn, the High Court may br: 1k:ased To vacate the inlerim orders pass :d in'W.P.M.P.No.12149 of 2009 in W t l!() 92 lB of 2009 Datcd:29-4-2009, therel y dismissing the writ petition with e).r1 F i r\i corits
Counsel for the Pe{itior ersSRl. B CHINNAPA REDDY
Counsel for the Respor dentlrlos. 1 to 16: SRl. GOURI SHANI(/rl? :jAN GHI/SRI N.R AJESHWAR RAO, I iC FOR RAILWAYS
Counsel for the Respor dent No. 17: SRl. P. GANGA RAMI REDDY . GP FOR LABOUR
WP NO: 9738 OF 2009
Betwee n
. PE TITIONER
AND
t)
.RESPONDENTS
Petition under Article 226 of the Constitution of lndia prayrnq that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction specially one an the nature of writ of mandamus declaring the impugned Memo No.W.14Bl'119 (vol.lV) dated 3.3.2009 on thefile of Chief Engineer (Works) , South Central Railway, Secunderabad- 2nd respondent and the action of lhe respondenls in unilaterally deducting the 1% Labour Cess from the outstanding bills of the petitioner under the provisions of Building & Othe constructions Workers Welfare Cess Act,.1996 and rules made lhereunder as ilelgal arbitrary, and violative of principles of natrrral justice and consequently direct the respondents not to recover labour cess amounl
l.A. NO: 2 OF 2009(WPMP. NO: 12667 OF 2009)
Petition under Section't 51 CPC praying that in thc cirr:unrstances stated in the affidavit filed in support of the petition, the High Court may bc pleased to direct the respondents to pay the amounts under the bills payable to the p(rtitionr without dcrlucting the Labour Cess @ 1% pending disposal of WP
I.A. NO: 1 OF 2009(WVMP . NO: 3571 OF 2009)
Betwee n:
..PETITIONERS/RESPONDENTS
AND
...RESPONDENTS
t0
Petition under S {-'ction'151 CPC praying that in the cirounrsran( es stated in the a{fidavit filed in s rpport of thepetitioh, the High Court nr:ry bepleased To vacate the interim ord( rs passed in W.P.M.P.No.12667 ot 200! in W.F.No.973B of 2Q09 Dated:1-5-2009, lrereby disrnissing the writ petition vuith exernplary costs.
Gounsel fdr ttb Fetitir ner:SRl. L PRABHAKAR REDDY
Counsel-for the Resp< ndent Nos.'l to 4:SRl. G SHANKAR SANGHI,:;C FOR R.AILWAYS
Counsel for the flesp< rrdent No. 5: GP FOR LABOUR
oF 2009
Between:
AND
1l
...RESPONDENTS
Petition under Arlicle 226 of the Constilution of lndia praying that in the circumstances stated in the affidavit filed therewith, lhe High Court may be pleased to issue a Writ order or direction, more particularly one in thenature of Writ of ltl'landamus declaring the impugned Memo bearing No. W/148/1/9 Vol.lV, dated 03-3-2009 of the Chief Engineer (Works) South Central Railways, Secunderabad r/w Sec. 4,5 & 10 and Rule 4, 5, 7, I & 10 of the Building & Other Construction Workers' Welfare Cess Act, 1996 & Rules,'1998 made thereunder as illegal, arbitrary, unconstitulional and against to the principles of naturaljustice therekly to drrect the respodnents not to recover the cess from the outstanding bills of the petitioners
l.A. NO:2 OF 2009(WPMP. NO: 12698 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 1% from the bilss payable to the pelitioners during the pendency of the writ petition before this Hon'ble Court.
l.A. NO: 1 OF 2009(WVMP. NO: 3566 OF 2009)
Between:
ll
AND
Petition under S rr:tion 151 CPC praying that in the cir(;untstances stated in the affidavit filed in srgport of the petition, the High QOUd n ray be pleased To vacate the interinr orcle's passed rn W.P.lr4.P. Ne.12698-of 2g€)g in Wf :No.9765 of 2009 Dated:1-5-2009, hereby dismissing the writ petition with exemplery costs
Counsel for the Petitit rers:SRl. B CHINNAPA,REDDY
Counsel for the Resp<,rdent Nos. 1 to-16: SRl. G SHANKAR SltNGHt, SC FOR RAILWAYS
lt
Counsel for the Respondent No. 17: SRl. P. GANGA RAMI REDDY GP FOR LABOUR
WP NO: 1021.1 OF 2009
Between:
AND
I-l
Itt:SPTINDENTS
Petition under N ide 226 ol the Constitution of lndia t), aying tlrat in the circumstances slated ir the affidavit filed therewith, the Higrr(.ourt may be pleased lo issue a writ, order or direction specially one in tht: nature of Writ of lVlandamus, declaring tt 3 impugned .merno bearing No. W/14{}/ l/9 Vol lV, dated 03.03.2009 of the file of Chief Engi.neer (Works), South C enlral Railways, Secunderabad-2nd resp )ndent imd the adion of the respon(le.nts in unilateral, arbitrary deduction of lre 1olo Labour Cess from the oulstan Jir)rt brrls of the petitioners under the pr.,visions of the Building & Other(;ons'flrrrlron Workers' Welfare Cess Act, 199i & Rules, 1996 and rules made llrerc -.r^<ier rs illegal. arbitrary, and violative O principles of natural .iustice and cc.nsr:r uc'rtly direct the respondents nol to reco\ irr 17o labour cess amounts from thr-. t,il s t,aya)le to the the petitioners.
l5
l.A. NO: 2 OF 2009( WPMP. NO:13'170 OF 2009)
Petition under Section 151 CPC praying that in the ciicumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to(lirect the respondehts to pay the amounts under the bills payable to the petttioners without deducting the Labour Cess @ 1ok from the bills payable to the petitioners, pending disposal of WP
l.A. NO:'l OF 2009(WVMP. NO: 3564 OF 2009)
Between:
...PETITIONERS/RESPONDENTS
l(r
AND
10.S- C[tenna F rddy,, S/o. Pradyumna Reddy, Cc,ntr.a, tr;r, rl<. 1-7-1314, Habsiguda, H, derabad.
1 1 . M/s. R.R. Co rstructions, Rep by its l\rlanaging Par n )',, N./. Ramana Reddy, s/o. S tbba Reddy, Contractor, Rt/o. Czech(i,k)nv, Ycrragadda, Hyderdbad.
12.A- Venkata lleddy,, S/o. Ramana Reddy, Contrettor. Rro. Krushe Medows, Srin: 3ar Colony, Hyderabad.
14.M/s. United Tn nsport Rep by its Managing Partner,, Rt.trnkatr.rm Reddy, S/o. Bal Rt ddy, Contractor, R:/o. Shalini Resi,J,)ncy, Tarnaka, Secunderabad
15.C. Venkatesh, S/o. Late Yadaiah, Contraqtor, r/c,. 13,1t8, Yadavnagar, Malkajgiri, Ran ;a Reddy District - 47
16.The Commissi( nerof Labour, Government of Andhra Pradesh,, f. Aniaiah Bhavan, RTC ) Roads, Hyderabad.(not a necessary part/,
.. F:ESPONDENTS
Petition under Sec ion 151 CPC praying that in the circurn.;tances stated in the affidaW filed in sup;,ort of the petition, the High Court ma,, l;e pl:ased To vacate the interim orders passed in W-P.M.P.No.13170 of 200t rr W.P.\o.1O211 of 2009 Dated:20-5-2009 thereby dismissing the writ peiition wilh exr,,mp ary costs
l1
Counsel for the Petitioners:SRl. L PRABHAKAR REDDY
Counsel forthe Respondent Nos. 1 to 16: SRl. G. SHANKAR SANGHI/ SRI. N. RAJESHWAR RAO, SC FOR SCR
Counsel for the Respondent No. 17: GP FOR LABOUR
WP. NO: 10478 OF 2009
Between:
..PETITIONERS
AND
lli
..iIESPONDENTS
Petition uncler .,rticle 226 of lhe Constitution of lndia prayin€ that in the circumstances stated irr the aftidavil filed therewith, the H gh Court may be pleased..to issue a wr. or order or direction speeiailyone +ntix) flahire of-writ of mandamus declaring re impugned Memo .No.W.14!/1/9. (vr'l.ll0 datrd 3.3.2009 on thefile of Chief Ent rneer (Works) , South Central RiiIwal;Stttcundrxabad-.2nd respopdent and the a( lion of the respondents in uniHerallJ-di.'tluctio Toflhe 17o Labour Cess from the oLrtstanding bills of the p-4it!90€Lu&lp! lhe.pfov,i_sions of Ttrc Building & Other 3onstructions Workers Welfare' Og99.#tg{r+99!i and rules made thereunder as il rgal arbitrary, and violative of pdacbler.ol naluraljustice and consequently dire t the respondcnts not to recover 196 labour.c,sss amount from the bills payable t, lfrepetitioners.
l.A. NO: 2 OF 2009(WPrlP. NO: 13458 OF 2009
Petition under S clron 151 CPCprayinq {hat in theeireumstanc{}s stated in the affidavit filed in suprod of thepetition, th€ High eeur{ may$epleased {o direct the respondents to pa, ihe amounts under the bills payable t9 the petitioners without deductrng thc L Jrorrr Cess @ 1% from the bills payable.to the pdtitioners, pending disposal of W.I rrnrl pass.
LA. NO: I OF 200e(WV,l P. NO: 3!74 OF ZO09l
Between:
l9
.,.PETITIONERS
AND
..,RESPONDENTS
Petition under Sectron 15l CPC praying that in the circumstances stated in the affidavit filed in sLrpport of thc petrtion, the High Court may be pleased to vacate the interim orders passcd rn W.P.ltil.P.No-13458 of 2009 in W.P.No.10478 of 2009 Dated:28 5-2009, thcreby dismissing the writ petition with exemplary costs.
Counsel for the Petitioners: SRl. L PRABHAKAR REDDY
Counsel for the Respondent Nos. 1 to 11:SRl. G SHANKAR SANGHI, SC FOR RAILWAYS
Counsel for the Respondent No. 12: GP FOR LABOUR
WRIT PETITION NO: 10916 OF 2009
Between:
l0
AND
. F I:i]P()NDENTS
Petition under Acl cle 22$ of the eonslifution of lndia t,rir),jng lllat in the circurnstances stated ir the affidavit filed therewith, the Hi(tt(l,rurt may be
ll
pleased to issue a writ, order or direction more particularly one in the nature of Writ of lvlandamus declaring the impugned memo bearing No. W/14Ul1i9 Vol lV, dated 03,03.2009 of the Chief Engineer (Works). South Central Railways, Secr-rnderabad r/w. Sec,4. 5 & 10 and Rule. 4.5, 7. S & 10 of The Buildinq & Other Construction Workers' Welfare Cess Act, 1 996 & Rules, lgg8 made there under as illegal, arbitrary, unconstitutio nal and against to the principles of natural justlce thereby to direct the respondents not to recover lhe Cess from the outstanding bills of the petitioners
l.A. NO: 2 OF 2009(WPMP. NO: 14034 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 petitioner without deducting the Labour Cess @ 1oh frcm the bills payable to the petitioners during the pendency of the writ petition before this Hon'ble Court.
l.A. NO: 1 OF 2009(WVMP. NO: 3572 OF 2009 )
Between:
...PETlTl(f N1=' I S/llES PONDENTS
AND
Ti]ES)ONDENTS
Petition under S rction 15't CPC praying that in the r;ift ! r)slances stated in the affidavit filed in st pport of the petition, the High Corrrt rr,ry be pleased to vacate the interirn ord( rs passed in W.P.tt/.P.No,-14034 ol 200 ) irr \r'r'c.[o.1O916 of 2009 Dated:4-6-200 , thereby dismissing the writ petition w tt ?):eml)lary costs.
Counsel for the Petitic rrers:SRl. B CHINNAPA REDDY
Counsel for the Respc rd€nt Nos. 1 to'1S:SRI. G SHANKAR :j,,\rU(.iHl, SC FOR RAILWAYS
Counsel for the Respo rdent No. 16: GP FOR LABOUR
WP NO: 1'1127 OF 2O0',
Between:
M/s. Srinivasa Er ifies Pvt. Ltd,, Rep. by its lManaging trir r:t:)r Y.V. Krishna lUohan Si/o. Jay rdev Mohan Prasad Adm. Off. D No.l 911-11;, Kadiyala Venkaiah Street, iayatri Nagar, Vijayawada-520008
.Pt:TITIONER
AND
ll
Vijayawada Division, Vijayawda, Krishna District.
...RESPONDENTS
l4
Petilion under ,,rlicle 226 of the Constitution of lndi.r raying that in the circumslances stated in the aff idavit f iled therewith, the lrgh Co rrt may .be pleased to issue a wr'. {)rder or ciireclion more particularly orx: in ttre nature of Writ oI fulandamLrs de, ';iring the impugned memo bearing No'/Vi'l4tll1/g Vol.,lv, dated O3.03.2009 of tht: Chref Engineer (Works), Solrth(:entral Railways, Secunderabad r/w. Se, 4 5 & 10 and Rule, 4,5, 7, 9"& 10 of-rl'e Building & Other Construction lVorkers',Arr:lfare Cr:ss Acl, 1996 & Rde9, 1918 ftade :bere under as illegal, arbitrary, un, rrrstitutional and against to ttie DriniipG5 <if haturatjustlce thereby to direct the r:spondents not to recover the Gess fi!,rr thejrjtstSnding bills of the pelitioner co npany
[,A. NO: 1 OF 2009(WPttlP. NO: 14301 OF 20Og)
Petition under S, :tron 151 CPC praying that in the.cjrcrfl tstancos stated in the affidavit filed in sup,ort of the petition, the High Court-ma{r b,rpleasad to direct the respondents to pa ltre bills to the petitioner wittsut d€! 4;tinq :he Labow Cess @'t "/o from the bls; payable to the petitioner conrpny ctu'ing'tht,pendency of the writ pelitron befor llris Hon'ble Court.
t.A.,NO :1OF 2013(WV1 'lP. NO: 1003 OF 2O13 )
Between:
AND
RESPONDENT^/VRIT PETITIONER
...RESPONDENTS
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may be pleased to Vacate the interim stay granted on 9-6-2009 in WPtVlP No: 14301 of 2009 in WP No: 1 1 127 of 2009.
Counsel for the Petitioners:SRl. B CHINNAPA REDDY
Counsel for the Respondent Nos. 1 to 2-l: SRl. N. RAJESHWARA RAO
Counsel for the Respondent No. 22: SRl. P GANGA RAMI REDDY GP FOR LABOUR
l6
WP NO: 11146 0F 20r 3
Between :
1 1 . Kuchipudi Pushl ara Rao, S/o.satyanarayana lll Floor J al,ararn Nilayam, Jaya Prakash Na rar,
AND
21
2E
26.The Commissio rer of Labour,, Government of Andhra Prade:;h, llyderabad.
..RESPONbENiS
Petition under ,,.rticle 226 of the Constitution of lndi;r preryinr that in lhe circumstances stated ln the affidavlt filed therewith, the F'grh Cc urt may be pleased to issue a W it order or direction, more particularly c.ne in t le nalure of Writ of Mandarnus dG Ja@the .tFpugrned irEriro bearing lrl r.,'/1411/1/9 Vol.lV, dated 03.03.2009 of the Chief Engineer (Works), Soutlt(lerntr: I Railways, Secunderabad r/w Se< 4, 5 & 10 and Rule, 4, 5, 7, I & 10 ofT rt: I:)uikling & Other Construction Workeis ,0eifaie Cess Act, 1996 & Rules, 1()98 r urC : lh.rreunder as illegal, arbitrary, uhco rstiMinnal and against to the prinriple; ol naturaljustice thereby to direct the I espondents not to recover the Cer;s r'rtr the outstanding bills of the'Petitioner C )mpany.
l.A. NO: 1 OF 2009(Yllf lVlP. NO: 14322 OF 2009)
Petition under:S lction 151 CFC praying that in the circutr:;iances stated in the affidavit filed in sup )ort of the petition, the High Court ntay I € t,lea!.ed to direct lhe Respondents dq p( y the: bilts to the Petitioners withorrt de hrcr.ing the Labour Cess @ 1% from the rills payable to the Petitioners durirrg tl e f,endency of the Writ Petition before thit Hon'ble Court.
Counsel for thb Petilit,rers:Rl. B CI'IINNAPA REDDY
CounsEl for the Respc'ldent Nos.'l to 25: SRl. P GANGA RAMI REDI)Y
Counsel forthe REspo ldent No. 26: GP FOR LABOUR
WP NO: 11195 OF 2OO!
Between:
AND
-.\0
..ITES PONDENTS
Petition under . ,.rticle 226 of the Constitution of lndirr prayin(t that in the circumstances stated in the affidavit filed therewith, the High Ccurt may.be pleased to issue a wr l. or order or direction specially one in lf e ndtre o-writ of madnamus, declaring 1he impugned memo No.w.148/1/9(vcrl. /) dat-.d 3-3.2009 on the file of the Chie Engineer (Works), South Central Railway, Se:underabad2nd respondent and tt :) action of the resp ndents in unilateral i rbitranf deductin-of IhE Tolo Lafotur CeS: from the outstanding bills of the pe t toenr:i under the provisions of The Buil ling & Other Construction Workers Werlf a'e Ce,;s Act, 1996 and rules made theret rder as illcgal, arbitrry and violative oF t)tincipl,)S of natural justice and consequer lly darect the respondents not to rccov(rr 1% l.abour Cess amounts from the bills rayable to the petitioners and pass
1l
l.A. No: 1 oF 2009(WPMP. NO: 14378 QF 2!!9.)
Petition under Seclion'151 CPC prayrng lhat in the circumstances staled in the affidavit filed in support of the petition, the Hiqh Court may be pleased to direct the respondents to pay the amounls under the bills payable to the petitioners without deducting the Labour Cess @ 1"k from the bills payable to the petitioners.
Counsel for the Petitioners: SRl. L PRABHAKAR REDDY
Counsel forthe Respondent Nos. 1 to 39: SRl. N. RAJESHWARA RAO
Counsel for the Respondent 40: SRl. P GANGA RAMI REDDY/GP FOR LABOUR
WP NO: 11553 OF 2009
Between:
.,.PETITIONERS
AND
32
. .lll:.SP f NDENTS
Petition un(ler At icle 226 of the Conslitratioh cif lndia prayinq lhirt in thc circumstances slated i r the affidavit-filed theewith, the Hrgrr Cour t nray tre pleased to issuc a writ, rrder or direction more specially one in ih() nal re of Wril of [,4andamus der;larirr< the impugned memo bearing No. lV 14ii/1/1r ("/ol lV), dated 03.03.2009 on t re file of the Chief Engineer (Worl.s,, Sioulh Ccntr:rl Railways, Secunderaba | 2nd respondent and the action of th,) respr ndents in unilateral, arbitrary dede lion of the 1olo Labour Cess from the,)utstirndnrq I-)ills of the petitioners under the oroviskms of The rBuiklir€ & O&er Construclior Workers' Welfare Cess Act, 199( and Rules made lhere under as illogal arb trary and violative of principles ol natural justice and. @lsgqrrently dire(:t the re:,pondents not lo recover 1% labour r;ess amounts frorn the bills payable to tt e p,etitirners
l.A. NO: I OF 200g(WPNr). NO: 14073 OF 2Q0l)
Petition under Set :ion 151 CPC praying that in the circurn..trnces stated in the affidavit f ilerl rn suppr 1 of the petition,.the High Court may b,) ) e,.rso(l to direct the respondents to pay lhe amounts under the bills payable tr, tlre pi:titioners without deducting the Lal our Cess @ 1'/o trom the bills payable l, r th.r p1)litioners, pending disposai of \y'./ P
3i
Counsel for the Petitioners: SRl. L PRABHAKAR REDDY
Counsel for the Respondent Nos.'l to 19: SRl. N. RAJESHWAR RAO
Counsel for the Respondent No. 20: SRl. P GANGA RAMI REDDY GP FOR LABOUR
WP NO: 11686 OF 2003
Betwee n
.-PETITIONERS
J
AND
2'l ' . The Guntakal, Divjsional Anantap Eng rreer rr District.(Central),, South Central Railw;rys(;uniak?l Division.
Petition under Article 226 ol lhe Constrtution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of Mandamus declaring the impugned lrrlemo bearing No.W/148/1/9 Vol.lV dated 3.3.2009 of the Chief Engineer (Works), South Central Railways, Secunderabad r/w Sec. 4, 5 & 10 and Rule 4, 5, 7 , 9 & 10 of The Building & Other Construction Workers' Welfare Cess Act, 1996 & Rules, 1998 made thereunder as illegal, arbitrary, unconstilutiona I and against to the principles of naturaljustice thereby to direct the Respondenls not to recover the Cess from the outstanding bills of the Petitioner Company.
LA. NO: 1 OF 2009(WPMP. NO: 15052 OF 2009)
Petition under Section 151 CPC praying that in the carcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay the bills lo the Petitioners without deducting the Labour Cess @ 1"k from the bills payable to the petitioners during the pendency of the Writ Petition before this Hon'ble Court
Counsel for the Petitioners:SRl. B CHINNAPA REDDY
Counsel forthe Respondent Nos. 1 to 24:SRl. N. RAJESHWARA RAO
Counsel for the Respondent No.25: SRl. P GANGA RAMI REDDY/ GP FOR LABOUR
WP NO: 11837 OF 2009
Between:
l(t
.Near Vengal Ra r Nagar,Hyderabad
..Pl:TIT.IONERS
AND
'l7.The SeniorAsst Financial [,4anager. Sorrth Central Railway Secunderabad
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit frlcd thert:with, the High Court may be pleased to issue a writ order or direction nrorr: particularly one in the nature of writ of Mandamus declaring the impugncd N,4cmo No W.148/1/9(Vol.lV) dt 03-03-2009 on the file of Chief engineer (Works) Sotrth Central Railway,Secunderabad-2 nd respondent and the action of the respondents in unilateral arbitrary deduction of lhe'lo/o Labour Cess from the oustandrnq bills of the petitioners under the provisions of the Building and olher construction workers welfare Cess Act 1996 and rules made thereunder as illegal, arbit ra ry and violative of principles of natural justice and consequenlly direct the respon<lcnt not to deduct 19o Labour cess amount from the bills payble to the pctitioner.
l.A. NO: 1 OF 2009(WPMP. NO: 15245 OF 2009)
Petition under Section 151 CPC prryinq tlral in the circumslances stated in the affidavit filed in support of the petition. tht-' Hieh Court may be pleased to direct the respondents to pay the amounts under the bills payable to the petitioners without deducting the Labour Cess (@ 1 '1, f rorr the bills payble lo the petitioners pending disposal of the main WP.
Counsel for the Petitioners: SRl. S AHOOMA GOUD
Counsel for the Respondent Nos.1 to 1B: SRl. N. RAJESHWAR RAO
Counsel forthe Respondent No. 19: SRI P GANGA RAMI REDDY GP FOR LABOUR
WP NO:11979 OF 2009
Between:
Ch.Rama Mohan Reddy, S/o Balakrishna Reddy, RJo. 505-8 Sahit Estate Saraswathi Nagar Nellore District
...PETITIONER
AND
38
.,.FIESI'OM)ENTS
Petition under / dicle 226 ot.the lndia t)raving that in the circumstances stated in the #ida(rit.fiftd, .tti6'tti,iti Cbrrrt may be pleased to issue a writ :rrddr 'il'iie I i ll',e n:iture of writ of irlandamus declarirx th6 i Vcl t/i dt 13:03-2009 on the {ile of Chief en lineer (Works). South d6rtrii4 milway,s ::Lrnderatracl-2 nd respondent and lhe ac ion of the respongenls_in lrnil?tera I arb t'rry drduction of the 1'lb I irbrrur Cess from the oustaAffi tillls,df'lthepe.li ioI,ers under the provisions of the Build r1l and other constructbn rdorkers 6rglf;r1r; tls5s Act 1996 and rules made thcreu, der as.rH6q?f,ai6-liT-eitd-!6i5fii6 6I p inc pl-e; of natural justice and consequen ly directltte-ret1fil66tTi6f'16-dr-'.du I I9', L;rbour cbss amount f rom the trills pryble to the petitbrierih'the iritdrbst ofjrr: ir:,:
LA. NO: 1 OF 2009(WP {P. NO: 15443 OF 20@)
Pt:trtion under S( i:tion'l51 CPC prayingttlat in the circtrn rsitznrces slaled in the aftidavit filed in supl )rt of the petition, the High Court may l;r :least:d to direcl the respondents to pay he amounts under ihe'b'ill payble to the tr,elitiorrer without deducting thr: labour cr ss @ l% from the bills Daytite to the t,€llitioncrp€nding disposal oi the rnain WF
Counsel for the Petitior er:SRl. S BHOOMA GOUD
Counsel for the Respor,Jent Nos.1 to 7: SRl. N. RAJESHWAFItiAo
Counsel for the Respor dent No. 8: SRI P GAXGA RAllll RED[,\ GP FOR LABOUR
WP NO: 12059 OF 2009
Between:
A.P.H.B. 2. L.Lakshmi N, rayana, S/o.M,Eatraialr Llcll-2, Colony, lriloulali. Hy< r:rabad
l9
...PETITIONERS
AND
...RESPONDENTS
Petataon under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased lo issue a writ or order or direction specially one in the nature of wril of mandamus declaring the impugned lvlemo No.W.148/1/9{vol.lV) dated 3.3.2009 on the file of Chref Engineer (Works) south Central Railway, Secunderabad 2nd respondent andthe action of the respondents in unilateral, arbitrary, deductlon of lhe 1ol, Labour cess from the outslanding bill of the petitioners uncler the provisions of the Building & other construction workers Welfare Cess Act. 1996 and rules made lhereunder as illegal, arbitrary, and violative of principles of natural lustir;e and consequently direct therespondents nol to recover 19; Iatlour cess anrounts from the bills payable to the petitioner.
l0
l.A. NO: 1 OF 2009(W)MP. NO: 15547 OF 2009)
Petition under I ection 151 CPC praying that in the circ,( rrnstan,)es stated in the affidavit filed in surport of thepetition, the High Courtina'r'),1 {rleased to direct tt€ respondent lo pay lhe amounts under the bifispayable to tlepeliticner without deducting'the laboi.rr' :ess @ 1% from thebillpayable to tlre te:titiorerpending disposal of WP.
Counsel for the Petltir,i{ers:Shl. V SUBRAtlltrAl.tYAM
Counsel for the Resp( ndent Nos.1 to 11: SRl. N. RAJESHITI'Fl l:lAC
Counsel for the Resp rcdent No. 12r SRIP GANEA RAMIRE t trY. GP FOR LABOTJR
WP NO: 12234 OF 2AAI
Between:
F,ETI TIONERS
.11
AND
-r2
,.iIESiPONDENTS
Hition under \rticle 226 of the Constitutron of lndia lrrayihry that in th'e circumstances stated in the affidavit filed therewith. the lii()h C('urt may be pleased. toto issue a ' .'rrl. order or rjrlclion spccrally on( in tlr) rratt re of Writ of Mandamus declaring he impugncd mr-'rno bearinq No. W/1.18/1/9 (Vol.lV), dated 03.03.2009 of the filr of the Chiel Enqineer (Works), llor"tlr Central Railways, Secunderabad 2nd rr :ipondent anrJ the action of ttre r()sp,)r l(lents is .unilaterla, arbitrary deduction o the 1% Labour Cess from the outstanding bills of the petitioners under the rrovisions of thr: BLrilding & Other C.o.lstructron Workers' Welfare Cess Act, 1 196 & Rules made there under ers illtlr;al, a drftrary, and violative of principles, f natural justico and consequenlly direc:1he re.;podents not to recover 1% labour r r:ss from the bills payable to the petition{xs.
l.A. NO: 1 OF 2009(Wr'MP. NO: 15803 OF 2009)
Petition under I ection 151 CPC praying that in lhe circLtrnstan,)es stated in the affi&vit filed in su rport of the petition, the High Courl may oe pleased to direct the respondents to p iy the amounts under the bills payabli-' to th r petitioners wi{hout deducting lhe .-abour Cess @ 1o/o f rom the bills payahkr to the petitioners during the pendency c the writ petition
'Counsel for the'Petiti rners:SRl- L PRABHAKAR REDDY
Gounsel for the Resp rndent Nos.1 to 29: SRl. N. RAJESHW/\t RAo
Counsel for the Resp rndent No 30: SRI P GANGA RAMI REI)i)Y
GP FOR LABOUR
ll
WP NO: 12238 OF 2009
Between:
M/s.Srinivasa Edifies Pvt Ltcl.. rep.by its lt4anaging Director, Mr.Y.V.Krishna Mohan S/o.Jayadev [V]ohan Prasad Adm.off D.No,59-1 1-15, Kadiyala Venkaiah Street, Gayatri Naq;rr. Vil;ryawada-520008
..PETITIONER
AND
.,.RESPONDENTS
Petition under Arlicle 226 of the Constilrilion of lndia praying that in the circumstances stated in the affidavit f rled therewith, the High Court m4y be pleased to issue a writ order or direction more parlrcularly one in the nature of writ of mandamus declaring the impugned lt4emo bearinq No.W/l48/1/9 Vol.lV datd 3.3.2009 of the Chief Engineer (Works) Soulh Central Railways , Secunderabad Rl/w Sec.4.5 & 10 and Rule 4.5,7.9.& 10 oi the Buikling & Other Construction Workers Welfare Cess Act, 1996 & Rules. .1 99tJ made thereunder as illegal, arbitrary, unconstitutional and against to thepflncilrles of naturaljustice thereby to direct the Respondents not to recover ttrc Ct:ss from the outstanding bills of the petitioner company.
LA. NO: 1 OF 2009(WPMP. NO: 15807 OF 2009)
Petition under Section 151 CPC prayrrxl thal rn the circumstances stated in the affidavit filed in support of the petition, thc High Court may be pleased todirect the respondents to pay the bills to the petilioners wilhout deducting the Labour Cess @ 1o/o from the bills payabel to the petitioner company during the pendency of the wril petition before this Hon'ble Court.
Counsel for the Petitioner:SRl. B CHINNAPA REDDY
Counsel forthe Respondent Nos.1 to 3: SRl, N. RAJESHWAR RAO
Counsel forthe Respondent No.4: SRI P GANGA RAMI REDDY
GP FOR LABOUR
.+4
WP NO: 12259 OF 20,9
Eetween:
. ,PETITIONERS
AND
-l)
,..RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumslances stated in the affidavit filed therewith, the High Court may be pleased toto issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the impugned Memo bearing No W/148/1/9 Vol lV dt 03-03-2009 of the Chief Engineer(Works) S.C.R Secunderabad R/w Sec.4,5 & 10 and Rule 4.5.7.9&10 of The Building & Brother Constitution Worker's Welfare Cess Act 1996 & Rules 1998 made thereunder as illegal,arbitrary unconslilutional and against to the principles of natural justice thereby to direct the Respondents not to recover thc cess from the oustanding bills of the petitioner company.
l6
l.A. NO: 1 OF 2009(y PMP. NO: 15833qF 2009)
Petition uMer riection 1.51 CPC praying that in the orr umstarces stated in the affidavit filed in sr oport of the petition,rthe High Court may tre plersed to direct the the respondents I r pay the bills to the pelitioners withoul( €.drrcting the Labour Cess@ l'lo from the brls payable to the petitioners durinE,th€ 1 enrlen,;y of the wp
l.A. No: 1 OE 2013(Vr'/MP. NO: 1165OF 2013)
Between:
-t1
... PETITIO N ERs/respondents 1 to 33
AND
...RESPONDENTS/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 bepleased lo vacate the interim stay granted on 24-6-2009 in WPlrr{PNO. 15833 ol 2009 in WP NO. 12259 of 2009.
+ti
Counsel for the Petiti( rrers:SRl. B CHINNAPA REDDY
Counsel for the Respe rrdent Nos.1 to 33: SRl. N. RAJESI'IWA.F RAO
Counset{or-thefiesp< ndent No. 34: $tl P GANGA RAMI REDE,Y GP FOR'LABOUR
wRit?ETmON No: 1 r41o oF 2ooe
Between
...PETtTldr,tERS
AND
.IlES,PONDENTS
pelilfrin I,OrtcL \rlicle 226 of the Constitution of lndia g,reyirx 1. *hat in ltre circumstances stated in the affidavit frled therewith, the flir;h C<,urt may be pleased to issue a ra 'il order or direclion specially one in lht: nature of writ of Mandamus, declarin ;the impugned memo No.W.148/1/rl (Vr:l.lV) dated 03.03.2009 on the ile of Chref Engrneer (Works), Soutlr C,lentral Railway, Secunderabad i.e.,2r 1 respondent and thc action of the respcrrdents is unilateral, arbitrary deduction c the 1% Lal;our Ct:ss from the oulsianding bills of the petitioners tnder the provisions of the Building & Other ()r'rrstruction Woi,l(6rs
+,)
Welfare Cess Act, 1996 and rules nradc thereurtrjer as illegal, arbitrary and violative of principles of naturi)l lustrce and conscquently direct the respondents not to recover 1ok labour cess :lmounts from the bills payable to the petitioners.
l.A.NO: 1 OF 2013(WPMP. No:'1067oF 2013)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of thc petrtron, the Hrqh Court may be pleased to modify the interim orders dated.25.06.2009 in WPlr4P No.16046 Of 2009 in WP No.'t 2410 Of 2009 by permit the petitioncrs hcrein to deduct the 1 7o cess component and keep lhe amount wilh thc Railways
l.A.NO: 2 OF 20091WPMP.NO: 16046 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 amounts under the bills payable to the petitioner without deducting the Labour Cr:ss @ .191,, fronr the bills payable to the petitioners, pending disposal of W.P.
l.A. NO: 1 OF 2009(WVMP. No: 3826 oF 20pi)
Between:
.. PETITIONERS/RESPONDENTS
AND
5()
RESPOI.IDt:r f-S,/PE f ITIONERS
...RESPO ND E N'i'/REI ;PONDENT
P.etitisn under S ,rction 151 CPC praying {hat in'the cir€umslanc }s staledin the affidavit flled in s rppofi of the .petition, the High- Court. nury bepleased to vacate lhe anterim ord( " in WPMP No. 16O46 of 2009 in WP'No 12410 ot 2009 dt. 25,6-2009.
Counsel for the Petiti( ners:SRl. L PRABIIAKAR EEqDY
Counsel Jor the.Respr ndont.Nss.l toS: Sftl. N: RAJESHIAIIII{TRAO
Counsel for the Respr ndent l,lo. 6: SRI P GAHGA rR.*filF1tEtttl' GP FORLABOUR
WP NO: 12506 OF 200 ,l
Between:
C. Ayyaptr Ret Jy, S/o. C. Nagi Reddy-Ri/o. Sangala,(iadvral lvlandal, Itlahaboobnagar District.
...PETITIONER
AND
...FIESI>ONDENTS
Petition under / rticle 226 of the Constitution of lndia.trxaying that in the circumstances stated n the affidavit filed thereyvit!,- the lJigr Corrrt may be pleased lo issue a Wri or order or dir€etion one-pa*ieutartf+n ttx;fatu "sof Writ of Mandamus declaring t re impugned Memo bearing No.W148/1/0 Vlo.lV, dated 3- 3-2009 of the Chief Er r;ineer (Works) South Central Railways, Siecun,ierabad r/w Sec. 4. 5 & 10 and f ule 4, 5, 7, I & 10 of the Building & olhr:r()onstruction Workers' Welfare Ces ,. Act, 1996 & Rules, 1998 made.there under as illeg,al, arbitrary, unconstjtutio, al and againsl to the principles of {rafural lusticrr thereby to direct the respondents iiot to recover the cess from the outstanciing bills of the petilioner.
5l
LA. NO: 2 OF 2009(WP MP. NO: 16179 OF 2009)
Petition under Section 15'1 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.
l.A. NO: 1 OF 2013(WPMP. NO:2820 OF 2013)
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 modify the interim orders dated 26.06.2009 in WPIv'lP No.16179 Of 2009 in WP No.1 2506 Of 2009 by permit the petitioners herein to deduct the 1yo cess component and keep the amount with the Railways.
l.A. NO: 1 OF 2009{WVMP. NO: 3844 OF 2009)
Between
...PETITIONERS/RESPONDENTS
AND
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 order in wPtr4P No. 16179 0f 2009 in WP No. 12506 0f 2009 dt. 26-6-2009
il
Counsel for the Petiti ;ners:SRl, N SUBBA RAO
Counsel for the Resp )ndent Nos. 1 to 3: SRl. P'BHASKAR
Counsel for the Resp )ndentilo. 4: SRI PEAI(GA,BAMI REDIIY GP FORI-ABOI'R
WP NO:'t2785 OF 2Ai I
Between:
MD. Ahmedmi 'a,,9o. Umar Miya, CONTR/rcTOR F.No. 1-10-154/A1, Shashabgutta, I lahaboobnagar.
...I)ETITIONER
AND
.,RE JPONDENTS
Petition under Anicle 226 of the Constitution of lndia :r;tying that in the circumstances statec in the aflidavit filed therewith, the lliql-r C lurt may be ploased to issue a rit, order or direction specially one in ti),j naltrre of Writ of
)i
lVlandamus declaring the impugned memo bearing No. W/148/1/9 Vol lV. dated 03.03.2009 of the Chief Engineer (Works), South Central Railways, Secunderabad 2nd respondent and the action of the respondents in unilaternal, arbrtrary deduction of the 1% labour cess from the outstanding bills of the petitioner under the Provisions of the Building and Other Construction Workers' Welfare Ccss Act, 1996 & Rules, made thereunder as illegal, arbitrary, and violative of principles of natural iustice and consequently direct the respondents not to recover 1nlo Lal;our cess amounts from the bills payable to the petitioners.
l.A. NO:2 OF 2009(WPMP. NO: 16556 OF 2009)
Petrtion under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the responsdents to pay the amounts under the bills payable to thepetitioners without deducting the Labour Cess @ 1"/o from the bills payable to thepetrtioners, pending disposal of WP.
l.A. NO: 1 OF 2009(WV!VIP. NO: 383!QF 2Q!91
Between:
... PETITIONERS/RESPONDENTS
r.l
AND
RESF'Ol lt''E: i\lT/P-TITIONER
...RESPONDE !']i REIiPONDENT
Pelitloh uhder'S )ction 151 CPCpraying thal in the(tircu rnslanc'ts statedin the affi@[dled in sq,port of thepetition, the High Courl m;r1 3ept€ssed vacte the ihterim order in Wl 'MP No. 16556 of 2009 in WP NO1:2785 of ,1009,d-ded 30-6-m9
l.A. No: 1 oF 2013{WF !,P=JNo'?932_AE-2S1!I
Petition under S rction 151 CPCpraying that in the circu,nstanc )s stated in the affidavit filed in srpport of lhe petition, Ihe High CoLrrt nr:ty bepleased to modify the interim ord rrs dated.3o.o6.2009 in WPIiIP No'165'il; Of i1009 in WP Ne'.12786--Of +609 -b perrnd the petitioners herein to d(xltcl th,--+9b,G6s componenl aod ieep.tlr; amount with the Railways.
Counsel for the Petitk rrer:SRl. C BUCHI REDDY
Counsel for the.Resp< ndent Nos. 1 to 11: SRIP BHASKT,R
Counsel forthe Resp< ndent No. ,r,
REDDY 38,I"?lXn"tRAMl
WP NO: 13069 OF 200I
Between:
,.,[,ETtTIONER(S)
AND
...RESPONDENTS
Petition under Article 226 of the Constilution of lndiapraying that in the circumstances stated in the affidavit filed therewith. the High Court may be pleased to issue a writ order or direction specially one in lhe nature of Writ of Mandamus, declaring the inrprrqned nrento. nO.W.148/1i9 (vol.lV) dated 03.03.2009 on the file of Chrcf Enqrnecr(Works).South Centrl Railway, Secunderabad i.e., 2nd respondent and thc action of the respondents is unilateral, arbitrary deduction of the 1% Laborir Ce ss from the outstanding bills of the petitioenrs under the provisions of the Buildrng & Other Constructio Workers Welfare Cess Act, 1996 and rriles nra(ie thercunder as illegal, arbitrary and violative of principles of natual JUStice and consequ€rntly direct the respondents not to recover 1% labour cess amounts from the billsp.ryable to thepetitioenrs
l.A. NO: 2 OF 2009(WPMP. NO: 16923 OF 2009)
Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in support of the petition. the High Court may bepleased to direct the respondents to pay the amounts under lhe billspayable to the. petitioner without deducting the Labour Cess @ 1% from the billspayable to thepetitioenrs, pending disposal of the W.P.
l.A. NO:'l OF 2009(VYVMP. NO: 3829 O F 2009)
Between:
-56
...PETITICINE F SJfilESI)ONDENTS
AND
. RESPOtTIDE,,ll-l:;/Pi.TITIONERS
...RESPONI)* :l{l'/RE SPONDENT
Petition under : ,ection 151 CPC praying that in the circurnstanr;es stated in the affidavit filed in : r.rpport of the petition, the High Cour, r,ay ber pleased to vacate the interim on er in WPMP No.'16923 of 2009 in WP llo 13069 of 2009 dt.2-7-2009.
l=A. |,1€: 1 OF 20{3{W;,MP. NO: 2822OF 2013)
Petition under iection 15'1 CPC praying that in the circurnstan;es stated in the affidavit filed in :upport of the petition, the High Court nray br: pleased to modify the interim or lers da1ed.02.07.2G09 in WPMP No.16$il3 Of 2009 in WP No.13069 Of 2009 ry permit the pelitioners herein lo deduct the 1% cess component anci keep ho amount with the Railways
57
Counsel for the Petitioners:SMT G NEERAJA REDDY
Counsel for the Respondent Nos. 1 to 9: SRl. P BHASKAR
Counsel for the Respondent No. 10: GP FOR LABOUR
WP NO: 13689 OF 2009
. Between
..PETITIONERS
AND
58
TiESDONDENTS
Petitron urrder t rlicle 226 of the Constitution of lndia prayin(: that in the circurnstances stated in the a$idavit ,ited tiierewith, the Hrg h Court may be pleasecl to issuwe a v rit order or direction-mofe particularly one in tire naturr: oi Writ of nrandamus dt,;larring ttre iEpugned Memo bearing l.kr W/'4819 Vol.lV datcd 03-3-2009 of lhe Chief ErlgineBr (Works), South(lentrz I Railways, Secunderal)ad r/w Ser 4,5 & 10 and Rde 4,5,7,9 & 10 ol th-'Builiing & other Constructi()n Works V ellare Cess Act 1966 & Rules, 1998 n,e,dt: th:reunrler as illeqal, artritrary, unco rslitutional and against to the principte s cf ni tural justice thereby to direci the i-.spondents not to recover the Cess Fr,) t the outstanciing bills of the pelitioncr cr mpany.
l.A. NO: 2 OF 2005 Wl 'MP. NO:'17839 OF 2009)
Petition under I ection 151 CPC praying that in the circr rrnstanr:es stated in the affidavit filed in su ,port of the petition, {he High Court may r: pleased to direct the respondents to p: y the bills to the petitioners without de:ducling the Labour Cess @ 1o/o from the bills payable to the pelitioners, during lhe peniency of the writ petition before thir Hon'ble Court.
l.A. NO: 1 OF 2009(W /MP. NO: 3836 OF 2009)
Betwee n
59
AND
6()
.,.,RESPONDENI S1PE NTONERS
9- The,Cornrnis: ioner of.Labour, Govt. of A,P., Hyderabad
... RE SPOTTDE N T/RE:}POIIIDENT
Petitisn under S,rtion 151 CPC praying that in the circurrstanc:s staled in the attidavit filed in sq )port of the petition, the High Court m.a'/' bepkrirsed vacte the interim order in WiMP No. 17839 of 2009 in WP NO I l(itig of ;1009, dated os-7-2009
LA. No: 1oF 2q13(wrMP. No: 1069 oF2013)
?efitEn!-UfrdEfs ,telion T51 CPC prayinq that in the cir(:u.rrstanc es stated in the affuavit fited-irr s rpport of the petition, the High Court nr.ry, be pleaped 1o modify the interim ord rrs, dated. 09.07.2009 in WPlitlP No.1/839 Of 2009 in WP No.13689 Of 2009 b / permit the petitioners herein to deduct tha 1% cess component and keep t re amount with the Railways.
Counsel for the Petiti ,ners:SRl. B CHINNAPA REDDY
Counsel for the Resp, rndent Nos.1 to 15: SRl. N. RAJESHV\rAI| RAC
counsel for the Resp rndent No. 16: SRi P GANGA RAM| REt)l)Y GP FOR LABOUR
WP NO: 13873 OF 20{ tl
Between:
6l
AND
(r !
..,REI;PONDENTS
(,I
Petition trnder Arlicle 226 of the Constitution of lndia pravinq that in the circumstances stated in the aff,davit filed lherewith. the High Court may be pleased to assue a writ, order or direction more parlicularly one in the nature of Writ of lvlandamus declaring the impugned memo bearing No. Wi14Bl1/9 Vol.lv, dated 03.03.2009 of the Chief Engincer (Works), South Central Railways, Secunderabad ie 2nd respondent and lhe auction of the respondents rs unilateral arbitrary deduction of the 1% Labour Cess from the oustanding bills of the petitioners under the provisions of the Building & Other Constitutaon Workers Welfare Cess Act 1996 and rules made thereunder as illegal arbitrary and violative of principles of naturaljustice and consbquently direct the respondents nol to recover 1% labour cess amounts from the bills payable to the petitioners.
l.A. NO: 2 OF 2009(WPMP. NO: 18135 OF 2009)
Petition under Section 151 CPC prayinq that in the circumstances slated in the affidavit filed in support of the petition, the High Court may be pleased to pay the amounts under the bills payable to the petitioner without deducting the Labour Cess@ 1% from the bills payable to the petitioners pending disposal of the WP
l.A. NO: 1 OF 2009(WVMP. NO: 3825 OF 2009)
Between:
o-+
(r5
AND
...RESPONDENT/RESPONDENT
Pctrtion under Section 151 CPC praying that in the circumstances slated rn the affidavrt filed in support of the petition, the High Court may be pleased to vacate lhe interinr order in WPIi/P No. 18135 of 2009 in WP No, 13873 of 2009 dt. r$7-alr,g
()(,
I.A. No: 1 OF 2013(WF:4P_.-No_;!25_OEZ!]!)
Fetilion under S rction 151 CPC praying that in the circumstanc{)s stated in the affidavit .filed in st pport of the petition, the High Court n'e y be pleased to modify the interim ordr rs dated.'13.07.2009 in WPIIP No lBll]5()f 2009 in WP -No.13873 Of 2009 bl peimit the petitioners herein to de:d'.r:t tht '17. cess component and keep tl ) amount with the Railways.
Counsel for the Petitio rers:SMT. G NEEF.AJA REDDY
Gounsel for the Respo ldent Nos. 1 to 35: SRl. P GANGA RAMI REDDY
eounsel for the Respo rdent tlo. 36: GP FOR LAAOUR
WRIT PETITION FIO: 'l: l)51 OF 2009
Between:
M/s. Tantia Co rstructions Company Ltd., Rep. by t:;, ALthorized , Repres.entalive P oject Mdnager, Mr.V. Sivaraman 9o. RVenk:rtraman 49 yrs, having Regd. Jffice at 25-27 , Netaji Subash Road Kolkrrta- 7O0 001
..PETITIONER
AND
.. FIESPoNDENTS
Fetition under Arl cle 226 of the Constitution of lndra prarring tlrat in the circumslances: slated I ttre affidavit filed therewith, the Hiql Court may be pleased to issue a Writ rrder or direclion, more particularly one in lhe nature of Writ of Mandamus decli rlng the impugrned lt4emo bearing No.V/,1.48/1/9 Vol.lV, dated 03.03.2009 of tl e Chief Engineer (Works), Soulh Cr-'rrtral Railways, Secunderabad r/w Sec.4 5 & 10 and Rule, 4, 5, 7, S & 10 of The ELr,ldinl & Other Construction Workers'W:lfare Cess Act, 1996 & Rules, 1998 marlt: lhercunder as illegal, arbitrary, uncons rtutional and against to the principles r'f rratural jusliee thereby to direct the Rer oondents not to recover the Cess fro-rr thr'l or-tstanding bills of the PetitionerCon pany and to pass such other and furlhi:r oroers
6i
l.A. NO: 1 OF 2009(WPMP. NO: 18265 OF 2009)
Petition under Section 151 CPC prayinll tlrat an the circumstances stated in the affidavit filed in support of the petition, the High Courl rnay be pleased to direct the Respondents to pay the bills to the Petitioncrs without deducting the Labour Cess @ 1% from the bills payable to the Petitioners during the pendency of the Writ Petition before this Hon'ble Court.
Counsel for the Petitioner:SRl. B CHINNAPA REDDY
Counsel for the Respondent Nos. 1 to 6: SRl. C V RAJEEVA REDDY
Counsel for the Respondent No. 7:GP FOR LABOUR
WP NO: 14581 OF 2009
Between:
AND
oi
.. I:IESA'ONDENTS
Petition under .rticle 226 of the Constilution of lndia prayiqg {tialin-{he circumstances stated in the affidavrt f iled therewith, the Hrg h Court may be pleased toissue a wr order or drrectuin specially one in lh6) na{ur -- of VVrit of Mandamus, declaring ther impr-rgned menro No W. 148/'/') ( Vo. l$.dAed 03.03.2009 on the fi r: of Chief Enr;ineer ( Works ), South Cental.Railway, Secunderatrad.i.e. 2nr respondent and the action of the responilents is-unilaleral, arbitrary deduction o the 15 t-abour Cess from the outr;t:rrrding bills of the petitioners under lhe provisions of the Brrilding & Other (;onslruct on Workers Welfatre Cess Act. 1 196 and Rules made lhereunder as illegal, i rbitrary and violative of principles of naturaljustice anri consequently dircct the responCents not'to recover l5 labo r cess amounts from the bills payable rc the pt:itiondis
l.A. No: 1 OF 200e(W:UE_NO:l_912?_OF 2009)
Petition.under I ;ection 151 CPC praying that in the circutnstan.:es stated in the aflidavit filed in su rport of the petition, the High Court may be ple?sd-to direct the respondents to t ay the amounts under the bills payable to the peittioners without deducting the Labour Cess @ 1o/o trom the bills payable to tlle petitioner, pending disposal of V1 .P
Counsel forthe Petit oners:SMT. G NEERAJA REDDY
Counsel for the Resl ondent Nos. 1 to 18: M/S. C V VINITHA REDDY
Counsel forthe Resl ondent No. 19: GP FOR LABOUR
()( )
WP NO: 15247 OF 2009
Between:
...PETITIONERS
AND
70
..I?ES,PONDENTS
Polilion under \rticle 226 of the Conslitution of lndia;rrayinrl that in the circumst.rnces staled in the affidbvit fileA thdreivith, the Hit)lr Ct,urt ,.", Ou pleased to issue a w il order or dif,eclbD sFeciaU one in the natu e of Writ of It/andamus, rleclaring the impugned Memo No. W.14811119 ('ol.lV) daled 03-32009 orr the file of Cl ef Engineer (Works) South Central R:rilwtr,,,, S,:cunderabad i.e. 2nd res[xrndent,rnd the action of the respondents s ;nilalr:ral arbitrary deduclron of the 1% .abour Cess from outstanding bills of tlre pelitioners under the provisions of the iuildings & Olher Construclion Workers Welfare Cess Act. 1996 and Rules madr lhereunder as illegal, arbirary and vi()lalive of principles of nalural justico and co rsequently diregt the rgspondenls not t( , re cov,:r 1 7o labour ces amounts frorn the Dills payable to the petitioners
]T
l.A. NO: 1 OF 2009(WPMP. NO: 2002'l OF 2009)
Petjlion under Section 151 CPC praying that in the circumstances stated in the affidavit file(i in support of the petition, the High Court may be pleased direct the respondents to pay lhe amounts under the bills payable to the petitioners without dcductinq the labour cess @ 1"/o ttom the bills payable to lhe petittoners, pend ing disposal of WP
Counsel for the Petitioners:SRl. L PRABHAKAR REDDY
Counsel for the Respondent Nos. 1 to 25: M/S. C V VINITHA REDDY
Counsel for the Respondent No.26: GP FOR LABOUR
WP NO: 17816 OF 2009
Between:
i)
,.PETITIONERS
AND
7-t
Pelition under Article 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 order or direclion specially one in the natureof Writ of lvlandamus, declaring the impugned memo No.W.14Bl1/9(vol.lV) dated 03.03.2009 on the file of Chief Engineer (Works), South Central Railway, Secunderabad i.e., 2nd respodnent and the action of the respondents is unilateral, arbitrary deduction of the 1% Labour Cess from the outstanding bills of the petitioners under the provisions of the Building & Other Conslruction Workers Welfare Cess Act, 1996 and rules made thereunder as illegal, arbitrary and violative of principles of natural justice and consequently direct the responents not lo recover 1% labour cess amounts from the bills payable to the petitioners
l.A. NO: 1 OF 2009(W PMP. NO: 23356 OF 2009)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of thepetation, the High Court may bepleased direct the respondents to pay the amounts under the bills payable to the petitioner without deduction the Labour Cess @ 1o/o from the bills payable to the petitioners, pending disposal of the W.P.
Counsel for the Petitioners:SRl. L PRABHAKAR REDDY
Counsel for the Respondent Nos. 1 to 2A: M/S. C V VINITHA REDDY
Counsel for the Respondent No. 21: GP FOR LABOUR
WP NO: '18772OF 2OOg
Between:
,]
...PETITIGX{ERS
ANE
-..I:IESPONDENIS
Petition under \rticle 226 of the: Constitution of lndia prayine that in the circumstances stated in the affidavit filed therewith, the Hrg,tr Court mqy be pleased toissue a Wr I order or direclion specially one rn the nature of Writ of Mandamus, deelaring the impugned l\4r:rno No W.148/1/9 r,v,l:lV) cated 03-032009 on the file of Ch ef Enginecr (Works ) South Central Railwiry, Se cunderabad i.e. 2nd reslrondent :nd the action of the respondents is unilateral adritrary deductbn of the 1% l.abour Cess fronr the outstanding bills ol thr: pelltioners under the provisionsr f the Building & Other Construction Worl.ers wel+afe.Gess Act, 1996.and rules m rde thereunder:s illegal. arbitrary and violative of principles of naturaljustice aru conSequently(lirect the respondents not 10 recorr€r 1elo labour cess arnounts I om the bills payable to the petitioners
l.A. No: 1 oF;!Q0e(w . NO:24541 OF 2009
Petition under : ,ection 151 CPC praying that in the carcurnstanr:es stated in the affidavit filed in srpport of the petition. the Hagh Court nray be pleased direct the respondents to g ay the amounls under lhe bills payebl€ to tlte petitioner without deducting the -abour Cess @ .1 o/o from the bills payable to th{} petitioners, pending disposal of W it petition
Counsel for the Petitr :ners:SRl. L PRABHAKAR REDDY
Counsel forthe Resp )ndent Nos. 1 to 5: M/S. C V VINITHA REDDY
Counsel for the ResF )ndent No. 6: GP FOR LABOUR
l-i
WP NO: 19243 OF 2009
Between:
M/S SRC Company, rep by its Partner A V.K Prasad S/o. Ankineedu(4s) Flat No 404 Sri Vishnu Srivatha lvlansion Shyamlal Buildings,Begumpet,Hyd500016
...PETITIONER
AND
..RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the aff idavit filed therewith, the High Court may be pleased to issue a Writ order or direction, more particularly one in the nature of Writ of Mandamus declaring the impugned lt4emo bearing No.W148/1/9 Vol,lV, dated 03.03.2009 of the Chief Engineer (Works), South Central Railways, Secunderabad r/w Sec.4, 5 & 10 and Rule, 4, 5, 7, I & 10 of The Building & Other Construction Workers' Welfare Cess Act, 1 996 & Rules, 1998 made thereunder as illegal, arbitrary, unconstrtutional and against to the principles of natural justice thereby to direct the Respondents not to recover the Cess from the outstanding bills of the Petitioner-Firm.
l.A. NO: 1 OF 2009(WPMP. NO: 2s130 OF 2009)
Petition under Seclion 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 lhe Petitioners without deducting the Labour Cess @ 1o/o from the bills payable to the Petitioners during the pendency of the Writ Petition befo.re this Hon'ble Court.
Counsel for the Petitioner:SRl. B CHINNAPA REDDY
Counsel for the Respondent Nos. 1 to 6:M/S.C V VINITHA REDDY
Counsel forthe Respondent No. 7: GP FOR LABOUR
16
WP NO: 19339 OF 200
Between:
IWs K.C.S Cont lructions, Managing Paftner l(.Chand'a St:khtrrS/o Late K Hanumanlhu 35) 3i'tndrapuri Raillvay Cblony\y'/esl Godavari District,Secunder rbad
.-.P:TlTlOblER
AND
Petition under A\ licle 226 of lhe Constritution of lndiapr:tyrtg lhat in lhe circumstances stated i, the affidavit filed therewith, the Hirlh(lourt may be pleased to issue a writ order or direction more particularly one rn lhr: nature of Writ of lvlandamus decl rring the impugned rnerno. {*ariirg Nc. V//148r 1/9 Vol.lV, date.J 03.0:l,2O0g of lre Chief Engineer (Works), South Or:rrtiai Railways, Secunderabad ie 2nd n spondent and lhe-acti-on oT-the respond{:nts irr unilateral arbitrary deduction of :he 1% labour Cess from the oustilrlc'ing t ifls of the petilioner under the pr rvisions of the Building & Other C()nstrlrctic n workers Welfare cess Act 1996 i nd rules made thereunder as illegal arbrtrary and violative of principlcs of natural iustice and c9nsequeritly direct the ,'espond( nts not to recover 1oln labour cess rmounts from lhe bills payable to the petitioner
l.A. NO: 1 OF 2009(WPl ie. NO: 25255 OF.2009)
Petition under Se:tion 151 CPC prayiRg'Ihat in ttie circurnis ler nce s slated in the affidavit filed in supp rrt of the petition, the High Court may lrr, :le:ased to direct the respondents to pay the bills to the petitioners without dedu(lirrg lhe Labour Cess @ 1 '',; from the bil s payable to the petitioners pending di:;Jrcs;,rl of the WP.
7'7
Counsel for the Petitioner:SRl. N ASWARTHA NARAYANA
Counsel for the Respondent Nos. 1 to 7: M/S. C V VINITHA REDDY
Gounsel forthe Respondent No9,8: GP FOR LABOUR
WP NO: 19575 OF 2009
Between:
...PETITIONERS
AND
78
13.The Commissior er of Labour,, Government of A.P. T. Aniaizrh Bh;van, RTC Cross Roads. H' rJerabad
. .FtESI'ONDENTS
Petition under I r'.icle 226 of the Constitution of lndia :)raying that in the circumstances statecl in the affidavit filed therewith, the llrg-t Corrrt may be pleased to issue a wr I order or direclion specially one in tlt(: nirtur(: of Writ of lrlandamus, declaring he impugned memo No- W.148l1l9 r'Vol l'V) rlated 03-32009 on.the file of Chi rf Engineer (Wglks)--So_g!!-Central Railway, Se,;underabad i.e. 2nid 'F|tisfiiindent. 'hd-IFe -action''of thb i'tiiirondbrds in urrilater;)1, arbitrary deduction of ,the 1 % I abour Cess frorn ttle outstandisg bilis(if thepetitioners under the provisions o the Building & Other Construction W(xl(crI; W -'lfare Cess Act, 1996 and rutei me.le thereunder as illegal, ar.bitrary and Yicl:trve(tf principles of natu+al-justice and BoEsequently- direet-the- reqredelds nol to recover 1elo labour cess amounts fn 'rh the bi[s.payablb to the peititioners
l.A. NO: 1 OF 2009(WP lllP. NO: 25555 OF 2009)
Petition under S,,ction 151 CPC praying that in the circu,nstancos stated in the affidavit filed in sup lort of the petition, the High Court may be pleas:d lo direct the respondents to pey' the amounts under lhe bills payablr' tc th(r petitioner withou'i ile<Iuc1ing ihe-I ri;dui eess@-i% trorn ihe bills payable lc, the pelitioners, pending disposal of !r[l '.
Counsel for the Petitio rers:SRl. L PRABFIAKAR REDDY
Counsel for the Respo rdent Nos. 1 to 12:, M/S. C V VINITFIA llql)DY
Counsel for the Respo rdent No. 13:GP FOR LABOUR
WP NO:2O122OF 2W
Between:
.I'ETITIONERS
AND
-- ()
...RESPONDENTS
Petition under Article 226 of lhe 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 any appropriate writ or diredction or order more particularly one in the nature of writ of [t4andamus, declaring the impugned memo. No. W-'148/1/9(vol.lV), dated 3.3.2009 on the file of Chief Engineer ( Works ), South Cventral Railway, Secunderabad-2 nd responent-and the action oI the respondents is unilateral, arbilrary, unjusl and improper, deduction of the.15 Labour Cess from the outstanding bills of the petitioners under the provisions of the Building & Other Construction Workers Welfare Cess Act, 1996 and Rules Ir4ade there under s illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents not to recover 1% labour cess amounls from the bills payable or any other dmounts payable to the petitioners.
l.A. NO: 1 OF 2009(WPMP. NO: 26248 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 amounts under the bills payable to the petitioenrs without deducting the Lablour Cess 1% from the bills payable to the petitioners, pending disposal of the above writ petition.
Counsel for the Petitioners:SRl. SRINIVAS EMANI
Counsel for the Respondent Nos. 1 to 9: M/S. C V VINITHA REDDY
Counsel for the Respondent No. 10: GP FOR LABOUR
s(j
WP NO: 20792 OF 2o0)
Between:
8.D.R. Pro.lectsrvt L1d., Rep by its lianaging Oiretor 3 )han. njaya Rao, Slo.' 'l(dtesv{ara lao. aged about 58 years, Occ : l} ts;irress FUo. 8-2293/NU6A, Jubik,:.Hills, Hyderabad 33
..PIIT.ITIONER
AND
..lrtisPgNoEMrs
Petition under Ar ic.le 226 ol the Constitution of lndia praying that ih the circums,tahces stated i r the affldavit filerl thercwilh, the H gh Court mEy be pteased,tijissue a writ rrder or rirrection sper;ially one an tho oature of Writ of Mandamus, declaring t re impugncd memo No. W 148/1/9 (\tol.lV) d:tted Q$-32009 ofl the file of Chie Engineer (Works) South Central Railvray, Secrrndera6:id i.e. 2nd Respondent a,d the action of the respondents in miiateral, artiitrary deduCtion of the 1% Lat rrr,rr Cess from the outstandrng bills of lhe petitirrner under the provisions of the B iilding & Otirer ConsirLlctiorr Work€)rs Wr:lfare Cess Act, 1996 and rules made tl" rreunder as illegal, :rrbitri:ry and vi,:laiive of pr nciples of naturaljuStice and cons:'quehtly direct the respondents not (o rt:(:over 1o/o labdur cess amounts from the t lls payable to the petilioners
uil.A. NO:'1 OF 2009(Wl !lP_.XO: 27084 OF 2009)
Petition trnder Se, tion 151 CPC praying that in the circumslancet; stated in the affidavit filed in supp rrt of the petition, the High Court may be pleaseJ to direct the respondents to pay lhe amounts under the bills payabkr k) the p_etitioner wittrout aiedUctiRg the La .rour Cess @ 1o/o from the bills payable rc tlre pet'itioneit, pending disposal of W.P
Counsel for the Petition,r:SMT. G NEERAJA REDDY
Counsel for the Respon lent Nos. 1 to 4: SRl. NAMAVARAPU RF.JESIWAR RAO, ASST. SOLICITOF GENERAL
Counsel forthe Respon lent No. 5: GP FOR LABOUR
\l
WP NO: 669 OF 2010
Between:
M/s. C. Suresh Reddy & Company,, Rep. by lvlr. D. Jamal, S/o. D.P. Jamal, CONTRACTOR, Office at Plot No. 1362, Road No. 45, Jubilee Hills, Hyderabad 500 033,
,..PETITIONER
AND
-.-RESPONDENTS
Petition under Article 226 of l'.rt: Constitution of lndia praying that in the circumstances stated in lhe affidavit filed therewith, the High Court may be pleased to issue a Writ order or dircction, morr: particularly one in the nature of Writ of Mandamus declaring the impugned [,4cmo bearing No. W14811/9 Vol.lV, dated 03-03-2009 of the Chief Engineer (Works), South Central Railways, Secunderabad r/w sec. 4,5 & 10 and Rule 4,5,7,9 & 10 of The Building & Other Construction Workers Welfare Cess Act,'1 996 & Rules, 1998 made thereunder as illegal, arbitrary, unconstitutionarl and againsl to the principles of natural justice thereby to direct the Respondents nol to recover lhe Cess from the outstanding bills of the Petitoner firm
l.A. NO:'l OF 2010(WPMP. NO: 839 oF 2010)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the pelrtron, the High Court may be pleased direct the Respondents to pay the bills to the pctrtioner firm without deducting the Labour Cess @ 1o/o from the bills payable to the Petitioner Firm under contract Agreements bearing (1) No. 226lCAO/C/SC/2007, dt. 02-'1 1-2007, (2) NO. 22T|CAO|C|SC|2OOT, dl. O2-11-2007 anrl (3) No B2lCAOlClSCl2008, dated 21-4'OORdttring the penrlpqcy oI the WrilPelrtion belorethis HOo'blean'r4-
E]
I.-A. No: I oF 2013{wP A_,_Noj_I5LqE2S13)
Petition under Sr r;tion 151 CPC praying that in the <;ircr-r rr;t?ncl )s stated in the affidav,t filed in su rpod of. the.potition, the tligh Court nray bepleased to modify the interinr ord rrs dated.27.01.2o10 in WPMP' No33ar Of 2{)10 in WP No.669 Of 2010 bv perr rit the petitioners herein to deduct the l'br:,:ss iomponent and keep lhe amount w h the Railways and lo pass
Co un seTfo. the P eti ttrorr ci : SRla B CIIINNAPFREUITY
Counsel for the Respor 'dent Nos. 1 to 7: SRl. GOURI SHANXAR $AN 3Hl
Counsel for the Respot dent No.8: GPF@R LAAOUR
WP NO: 1361 OF 2010
Between:
..PETITIONERS
AND
8-l
...RESPONDENTS
Petition under Anicle 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 order or direction specially one in the nature of Writ of [/andamus, declanng the impugned memo No. W.14Bl1l9 (Vol,lv) dated 03-32009 on the file of Chief Engineer (Works) South Central Railway, Secunderabad- 2nd Respondent and the action of the respondents in unilaterally, deducting the .1% Labour Cess from the outstanding bills of the petitioner under lhe provisions of the Building & Other Construction Workers Welfare Cess Act, 1996 and rulcs made thereunder as illegal, arbitrary and violative of principles of naturaljustice and consequently clirect the respondents not to recover Labour Cess amount from the bills of the petitioners
l.A. NO: 1 OF 201o(WPMP. NO: 1810 OF 2010)
Petition under Section 151 CPC praying that in the circumstances stated in the affrdavit filed in support of the petition, the High Court may bepleased to direr:l the respondents to pay the amounts under the bills payable to thepetilioni:r without deducting the Labour Cess @ 1olo , pending disposal of W.P.
Counsel for the Petitioners:SRl. L PRABHAKAR REDDY
Counsel for the Respondents: SRl. P GANGA RAMI REDDY
WPS NO:3718 OF 2010
Between:
...PETITIONERS
AND
s.l
,.RESFONDENTS
Petition under A licle 226.of the Constitution of lntiia p'ilying that in the circumstances stated r the affidavit filed therewith, the Higt-(lourt may be pleased to issue ;r writ Dr order or direction specially one rn thr,' nalur I of writ of Mandamus declaring tl' ,r impugned tulemo No. W:i 48i 1/g(/ol.l\ ) Dt 3 3-2009 on the .file of Chief.Engin rcr- (Wor*s) Seuth Gentral Raihray, l]erundetabad, 2nd respon&nt and the ar .ior+:of the r'espordents in unilaterally dr:d,ucti-rg the 1 % Labour Cess from the tstanding bills of the p€titioner under theprrvisions of Buildinq & other const uction Workers Welfare Cess Act 19!16 and rules made thereunder as illegal,r rbitrary and violative of principles of n alural lustice and consequently direct the respondents not to recover labour ce:;s, rrnouit from the bills of the petitioner.
!,[a:!aE_20101wE @.ro--aesz-oE2s1_s)
Petilion under St r;tion 151 CPC praying that in the circun!;tirncr s stated in lhe atfidavit filed in supl ort df the'petition, the tligh Court may cr: pleas,:d to direct the respondents to pa / the amounts urder the bllls payab e :o the petitioner without deducting the L; bour Cess @ 1ole pending disposal cf W F'
Counsel for the Petitio rers:SRl. L PRABHAKAR REDDY
Counsel for the Respo rdents:M/S. C V VINITHA REDDY
WP NO: 12344 OF 2O'l(
Between:
A. Ir,4uni Koteswi ra RAo, S/o. Subba Rao Railway Conlrilctor R/o. D.No 56-10-4, Vidya Nr qar, Rajahmundry - 5
..Pt,TlTlONER
AND
s5
...RESPONDENTS
Pelition 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 order or direction, more particularly one in the nature of writ of Mandamus declaring the impugned lvlemo bearing No. W148/'l19 Vol.lV, dated 03.03.2009 of the Chief engineer ( Works ), South Central Railways, SEcudnerabad r/w. Sec. 4, 5 & 10 and Rule 4,5,7,9 & 10 of The Building & Other Construction Worker's Welfare Cess Act,.1996 & Rules, 1998 made thereunder as illegal, arbitrary, unconstitutional and agaisnt to the principles of nalural lustice lhereby lo direct the respondents not to recover the cess from the outstanding brlls of the petitioner,
l.A. NO: 2 OF 2010(WPMP. NO: 15571 OF 2010)
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 1rl direct the respondents to pay the bills to the petitioner without deducting the Labour Cess @ 1o/o from the bills payable to the petrtioner during the pendency of the writ petition before this Hon'ble Court.
l.A. NO: 1 OF 2010(WVMP. NO: 5211 OF 2010
Between:
86
.. PETITION E RS/RES,F'CINIDEIJTS 1 TO 7
AND
. Iti:SF ONDENTS
Pgtition under S' ction 15'l CPC praying that in the r:ircrlrr;t,:tnc*s stated.in thg affid..q. vlt filed in sup )ort of thepetition, the High Cour{ rna'/,),} l)leased vac€*e thsk@r-SOSp-e_n=i0n )rder passed on 02-06-2010 in WPMF'l'&r.. f{€7f'of,Z0tp in WPNb. 12341 o:f 20' ').
Counsel'for the Petitic rer:SRl. B CHINNAPA REDDY
CorrmclSor-the Respo rdent Nos. I to 7: SRI.GOURI SHAN{AR SANI;HI
-Counselforthe,fespc rdont No- 8: GPFOR LABOUR
tYP l,lo: 72104OF 201
Betrr',een
AND
,,.F:ESI'ONDENTS
Petition under Article 226 of the Conslrtution of lndia praying that in the circumslances stated in the affidavil filcd therewith, the High Court may be pleased to issue a writ or order or dircction specially one in the nature of writ of mandamus, declaring the impugned lvlemo No W.148/.1/9(vol.lV) dated 03.03.2009 on the file of Chief Engineer (Works), Sourth Central Railway, Secunderabad 2nd respondent and the aclion of the respondcnts rn unilaterally deducting the 1% Labour Cess from the outstanding bills of tho pe'titioners under the provisions of Building & Other Construction Workers Welfare Ccss Act, 1 996 and rules made there under as illega, arbitrary and violative of princrples of naturaljustice and consequently direct the respondenls not to recover labour cess amount from the respective bills of the petitioners
l.A. NO: 1 OF 2011(WPMP. NO: 14800 OF 2011)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the pelition, the High Court may be pleased pleased to direct the respondents to pay lhe amounts under the bills payable to the petitioners without deducting the Labour Cr:ss @ 1ok from their respective bills, pending disposal of W.P. and pass
l.A. NO: 1 OF 2012(WVMP. NO: 6 02 0F 2012\
Between:
AND
.. R ES PO N D E NTS/PETITIQNEBS
88
Pertition under Sr ;tion 151 CPC praying that in the(;irc Jrn stilnc{ )s staled in the aTfidavit filed in st )port .of {he petition, the High Court n rzry be pleased to vacate gra nter in WPMP No. 14800 of 201.1 in'WF trlc. 121,)4 of 2011, Dated 1
Counsel for the Petitic rers:SRl.'l- PRABHAKAR REDDY . Counsel for the Respc rrdents: SRl. P BHASKAR
The Court rnaCe the fE rlowicg:
TIIE HON'BLE THE CHIEF J USTICE SATISH CHANDRA SIIARMA AND
THE IION'BLE SRI JUSTICE ABHINAND KUMAR STIAVILI
WRIT PETITION Nos.7873 92Aa 9734 9765 lo2t I 1O 78, 1oe1 6, tLL27, L1145, 11195, 11553, 11686, 11 37, LL979. L2059, t2234 L2234 t2259 L24tO L2506 t27as 13069, 13689, 13873 13951 14581 t5247 17at6 L4772 t2?43Je3 39 19575 20122 6L 20792 of 2OO9 669 1361 3718 & 12344 of2OlOt L2lO4 of2O11
COMMON ORDER: r,,- rl.e rbn'bt. thc chicf Justice Sarish ctendru Sl@rmal
Lr:arrrr:cl counsel for the parties have informed this Court that thc issuc involved in the present cases stands concluded on accour)l rlf thejudgment delivered by a Division Bench of thc unifit'd Hiqli(lourt lor the States of Telangana and Andhra Pradr:slr irr rlrc r:ase of Government of Andhra Pradesh vsL. Samba Siva Rao1.
lrr ltrc liglrt of the aJoresaid, the present writ petitions also st:rnd rlisposcd of. Thejudgment delivered in the case of Government of Andhra Pradesh (supra) shall be applicable mutatis mutandis in the present cases also.
I.et a copy of thejudgment delivered in the case of Governmeat of Andhra Pradesh (supra) be kept on record in
the present cascs
<br>I
i
SD/.K.ONESIM DEPUTYJREGISTRAR .."r1oftoFFlcER
//TRUECOPY//
to',. on"CC to Sri P SridharReddy' Advoc-at"lgfycl , 5;;6c i" s'i c sffi:;.11il;:i.t":"i*"'33"""::'"' 3. OneCC to Sri B' Chi 4. oneCC to Sri' r- pn"'nik"tneddy' AdvocatetoPUCl iffifrtffi,:riiffiillffi"B, OneCC to SriNSut ; ;;;cc i" s'iP 10. OneCC to Sri.C' "-Bl ,1i,iil;ffJliil,?,1?I"i3tr"
1'l . One CC to Sr G. Neeraia Reddy, Advocate [OPUC] 12.One CC to Sr C.V.Rajeeva Reddy, Advocate [OPtrC]
- One CC to M/ ;. Vinitha Reddy, Advocate [OPUC]
16.One CC to Sr N. Rale'shwar Rao, Asst- Sblicitor Gener:,t :C)PUr )l 17. Two CCs to( iP for Labour,.High Court for the State of i:1ang: na. [OUT] 18.Two CD Copi.s
Flvl r PSA-.-
()()
I I
HIGH COURT
OATEDi03l03l2022
t,- ' STrr;'6
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COMMON ORDER
blIRlT PETITION N< r;.7873, 9288, 9738, 9765, 10211, 1(M78, 10910, 1112i,11146,11195, 115s3, 11686, 11837, 11979. 12059, 122X N,12238, 12259, '.t2410,12sO6, 12785, 13{169, 13689, 138? 3, 13951, 14581, 15247, 17816, 18772, 19243, 19339, 19fi5,m122&20792 of 2009;669, 136'1, 3714 & 12344 of 2t 10; 121O4 ot 2O11
Disposing o l' the WPs Without cos [s.
1 issue framed by the court
Whether the challenge to deduction of labour cess from railway contractors' bills stood covered by the earlier Division Bench judgment?
Colour shows how this judgement treated each authority
Government of Andhra Pradesh v. L. Samba Siva RaoApplied¶1775
Government of Andhra Pradesh vsL. Samba Siva Rao1
M/s. Obul Reddy Construclions
M/s. Sri Saikrishna Constructions
The General Manager, South Central Railways
The Chief Engineer (Works), South Central Railways
The Divisional Railway Manager (Works), South Central Railways, Guntur Division
The Commissioner of Labour, Government of Andhra Pradesh
Satish Chandra Sharma
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
