HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.1790 of 2010 Date: February 4, 2010 Between: P. Lakshmi Narayana, S/o. Veeraiah, Aged about 54 years, Occ: Contractor, R/o.D.No.7-5-29, Ganganammapet, Tenali, Guntur District. … Petitioner And The Government of A.P., represented by its Principal Secretary, Panchayath Raj Department, Secretariat, Hyderabad, and six others … Respondents Order: This writ petition is filed with the following prayer: “For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not including 1% towards labour cess in respect of all the works allotted to the petitioners and payments made after 26.06.2007 by revising the estimates as per clause (i) of the U.O.Note No.4763/PFS.F8 (A1)/98-4, Dt.28.02.2008, as highly arbitrary, illegal, discriminatory apart from violative of Arts.14 and 19(1)(g) of the Constitution of India and consequently direct the respondents to include the 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 the U.O.Note No.4763/PFS.F8(A1)/98-4, dt.28.08.2008 and also to release the amounts which were already recovered in this regard, to the petitioner.” On instructions, it is submitted by the learned Government Pleader appearing on behalf of the respondents that, in preparing the estimates for the works, which are subject matter of the writ petition, 1% cess, as contemplated under the provisions of The Building and other Construction Workers Welfare Cess Act, 1996, is not included. It is also submitted by the learned counsel on either side that the subject matter of the writ petition is covered by common order dated 22-10-2009 passed by this court in W.P.No.11269 of 2009 and batch. Following the same, this writ petition is also disposed of directing that: (1) The respondents shall include 1% cess in the estimates for the works which they propose to undertake if the work continues for or beyond twelve months and involves engagement of 10 workers or more. (2) The respondents shall not deduct any amount towards cess, unless the corresponding amount is included in the estimates. There shall be no order as to costs. __________________ R. SUBHASH REDDY, J February 4, 2010 MRR