HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.1437 of 2010 Date: February 1, 2010 Between: M/s. D.D.R. & Co., rep. by its Managing Partner K. Chiranjeevi, S/o. Venu Nadham, aged about 46 Years, Occ: Special Class Contractor, R/o. Plot No.G3, Chalapathi Towers, Ramanuja Circle, Tiruchanur Road, Tirupathi, Chittoor District, and another … Petitioners And The Government of Andhra Pradesh, Represented by its Principal Secretary, Finance & Panning Department (Works & Projects Department), Secretariat, Hyderabad, and 18 others … Respondents Order: This writ petition is filed with the following prayer: “For the reasons stated in the accompanying affidavit the petitioners pray that this Honourable Court may be pleased to issue a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not revising the contract work rate of the petitioner by including 1% towards labour cess in respect of payments made after 26-6-2007 pertaining to works allotted to the petitioner by revising the estimates as per U.O.Note No.4763/PFS/F8/98-4, Finance (W&P) Department dt.28-2-2008 and in deducting 1% labour cess from out of the payments made and being made to the petitioner after 26-6-2007 as arbitrary, illegal and unconstitutional and consequently direct the respondents to include 1% towards labour cess for all the payments made to the petitioner after 26-6-2007 as per the U.O.Note No.4763/PFS/F8/98-4, Finance (W&P) Department dt.28-2-2008 and also to forthwith release the amounts which were already recovered in this regard and pass such other or further orders as this Honourable Court may deem fit and proper in the circumstances of the case.” 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 At, 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 1, 2010 MRR