HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.18350 OF 2009 ORDER: This writ petition is filed challenging the validity of the memo dated 03.03.2009 issued by the Chief Engineer, South Central Railway, Secunderabad, proposing to take action in terms of the provisions contained under the Building and Other Construction Workers Welfare Cess Act, 1996 and the rules made there under. 2. The railways have filed their counter affidavit along with the vacate stay petition. In paragraph 7 of the said counter affidavit, it is pointed out that the petitioner has been entrusted with the work of transportation of Rails, PSC track sleepers and permanent way fittings etc., from any section / Depot to anywhere between Khanapur to Hallikhed (B) stations and similar other transportation works, in all he has been already entrusted five works. It is now pointed out that the provisions of the aforementioned Act are not attracted to works relating to transportation of material. Therefore, it is stated in the counter affidavit that the railways have not deducted any amounts towards Cess under the provisions of the said Act. 3. In view of the statements contained in the counter affidavit, this writ petition is disposed of, as the respondents have not made any deductions from the bills payable to the petitioner applying the provisions contained in Building and Other Construction Workers Welfare Cess Act, 1996. __________________________________ Justice Nooty Ramamohana Rao September 7, 2011 SP HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.18350 OF 2009 September 07, 2011