The High Court · 2025

Judgment

4. AND Finance lrrigation Municipal

5. The Government of Andhra Pradesh rep. by its, Principal Tra Roads and Buildings, Secretariat Buildings, Saifabad

9. Financial Advisor & EODS to, Govemment of Andhra Pradesh Hyderabad. , Roads, Government of Andhra Pradesh at Bund Road, Hyderabad. The Executive Engineer, University Buildings, Osmania University, Hyderabad Municipal Corporation, Lower Tank Commissioner, The Superintending The Superintending Engineer, E

10. 't1. 12. 13.The 14.The Officer, Estate fficer, 'l5.The 1 6. The Superintending Engineer 1 7. The Superintending Engineer 1 8. The Superintending Engineer Hyderabad. 1 9. The Superintending Engineer Corporation, Hyderabad. Medak District. Depa Hyderabad rabad. ,H , A.P.E.W.t.D.C, , A.P.E.W.t.D.C, ntur. , Greater Hyderabad Municipal Corporation, , Andhra Pradesh Tourism Development

20.The Chief Civil Engineer, APSRTC, Bus Bhavan, llnd Floor, Musheerabad, HYderabad ..RESP.NDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstancers stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or Direction especially one in the nature of Writ of Mandamus, <leclaring the action in deducting/recovering the labour cess amount of 1o/o trom out of the payment made to the petitioners after 26.06.2007 in pursuance of the Memr:. No. 4763/PFS.F8(A1)/98-4 dated 28.2.2008 issued by the 1st respondent as being as illegal, arbitrary, unconstitutional and against the principles of rraturaljustice apart form being in contravention of the provision of the Buitding and Other Construction Workers (Regulation of Employment and Conditions of Service) ACt, 1996 and consequently direct the respondents not to deduct the anrount of 1% towards labour cess in respect of the payments made to the petitioner on and from 26.6.2007. l.A. NO: I 201{(WPMP. NO:31 oF 20111 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 responderrts not to deducUrecover 1% amount towards labour cess in terms of Memo No. 47I33/PFS.F8(A1)1954 dated 28.02.2008 by revising the estimates for all the payments made from 26.6.2007 onwards relating to the works undertaken by the petitionr:rs pending disposal of the W.P. Counsel for the Petitioners: SRI V.M.M.CHARY Gounsel for the Respondent Nos.{ & 6: GP FOR FINANCE & PLANNING Counsel for the Respondent No.2: GP FOR PANCHAYAT RAJ & RURAL DEV Counsel for the Respondent Nos.3 & 11: GP FOR IRRIGATION & COMM AREA Counsel for the Respondent No.4: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent Nos.S & 7: GP FOR TRANSPORT Counset for the Respondent Nos.8 & 18: SRI N.PRAVEEN KUMAR, SC FOR DEV GHMC Counsel for the Respondent No.10: SRI PUTTA KRISHNA REDDY, SC FOR . MPCL Counsel for the Respondent No.12: GP FOR ENDOWMENTS Counsel for the Respondent No.14: SRI T.DURGA REDDY, SC FOR ANGRAU Counsel for the Respondent No.15: SRI C.SRINMSA BABA Counsel for the Respondent No.19: SRI M.ROOPENDER, SC FOR TGTDC Gounsel for the Respondent Nos.9,13,15,17 & 20: -- The Court made the following: ORDER j I t i I I I I I I I I f I t I t I i I ! I i !jl i I t i I i I : ,i Counsel for the Petitioners: SRI V.M.M.CHARY Counsel for the Respondent Nos.l & 6: GP FOR FINANCE & PLANNING Counsel for the Respondent No.2: GP FOR PANCHAYAT RAJ & RURAL DEV Counsel forthe RespondentNos.3 & 1{: GP FOR IRRIGATION & COMM AREA Counsel for the Respondent No.4: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent Nos.S & 7: GP FOR TRANSPORT Counsel for the Respondent Nos.8 & 18: SRI N.PRAVEEN KUMAR, SC FOR Counsel for the Respondent No.{0: SRI PUTTA KRTSHNA REDDY, SC FOR GHMC DEV MPCL Counsel for the Respondent No.12: GP FOR ENDOWMENTS Counsel for the Respondent No.{4: SRI T.DURGA REDDY, SC FOR ANGRAU Counsel for the Respondent No.l5: SRI C.SRINIVASA BABA ' Counsel for the Respondent No.{9: SRI M.ROOPENDER, SC FOR TGTDC Counsel for the Respondent Nos.9,13,1G,17 & 20: - The Gourt made the following: ORDER THE HON'BLE SRI JuSTICE K.SARATH WRIT PE"UTION No -25,4OO of 2Ol1 ORDER: This writ petition is filed questioning the inaction of the respondents in adding an amount @ Lo/o towards labour Cess relating to all the payments made after 26.06.2007 in respect of the works undertaken by the petitioners, by revising the estimates as per the Government Memo dated

28.O2.2OO8 and sought a direction to the respondents to include the amount @ Io/o towards labour cess in respect of the payments made to the petitioners on and from 26.06.2007.

2. Heard both sides and perused the material on I \ record. t ,

3. Learned Government Pleaders would submit that in view of order dated 06.08.2015 passed by the Division Bench of this Court in W.A.No. 10 L2 of 2Ol3 and batch, dated 06.08.20 ls the instant writ petition has to be dismissed.

4. Learned counsel for the petitioners did not disp'te the submissions made by the learned Government Pleaders for Transport and the Roads and Iluildings about the disposar of the w.A.No. roL2 of 20 13 and batch, which was reported in 2ols scc Online Hyd 599.

5. [n view of the sarne, this v/rit petition is dismisrsed

6. IVliscellaneous petitions pending, if any, in this writ Petition shall stand closed. No orcler as to costs. SD/. B.REKHA RANI ISTANT REGISTRAR ,,TRUE COPY/' SECTION OFFICER 1 i I I I t I I iiit__ Ir I I t t I I I I I To 1 2 3 4 5

7. 8. o / I I I I I i

10.one cc to sRI c.sRtNtVASA BABA, Advocate topucl 1 1 . Two CCs to GP FOR PANCHAYAT RAJ & RURAL DEV, High Court for the State of Telangana, at Hyderabad. TOUTI

12. One CC to SRI PUTTA KRISHNA REDDY, SC FOR MPCL [OPUCI 13.Two CD Copies PSK. Psr ?^c, / I HIGH COURT DATED::18/09/2025 \ \ \ ORDER WP.No.25400 of 2011 f-r. (J S \ \ 12 BI i- 20l6 * t DISMISSING THE WRIT PETITION WITHOUT COSTS \ \ e-.\Y\ ).b