HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2207 of 2010 Dated: 09-02-2010 Between: M/s.Suguna Construction Company, Anantapur, rep. by its Managing Partner. … Petitioner And The Government of Andhra Pradesh, rep. by its Principal Secretary, Roads and Buildings Department & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2207 of 2010 ORDER: Heard learned counsel for petitioner and also the learned Standing Counsel appearing for respondents. 2. In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondents in not including the 1% Labour Cess in respect of all the works allotted to the petitioner and payments made after 26.06.2007, by revising the estimates as per Clause (i) of U.O.Note No.4763/PFS.F8(A1)/98-4, dated 28.02.2008, as illegal and arbitrary. 3. In the affidavit filed in support of the writ petition, it is stated that the 1% Labour Cess, as contemplated under the provisions of the Building and other Construction Workers Welfare Cess Act, 1996, is not included in the estimates. The learned Government Pleader, appearing for respondents, also submits that the 1% Labour Cess is not included in the estimates. 4. It is submitted by the learned counsel for petitioner as well as the learned Government Pleader appearing for respondents that the subject matter of the writ petition is covered to be disposed of in terms of the orders in W.P.No.11269 of 2009 and batch, dated 22.10.2009. 5. Following the aforesaid judgment, this writ petition is disposed of with the following directions: 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; and the respondents shall not deduct any amount towards Cess, unless the corresponding amount is included in the estimates. No order as to costs. ______________________ R. SUBHASH REDDY, J 9th February 2010 ajr