IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 16309 of 2008 Between: M/s. Raghava Constructions Rep. by its Managing Partner Narayanapuram Village, Kalluru Mandal, Khammam Dist. ..... PETITIONER AND 1 Govt. of A.P. rep. by its Principal Secretary, Labour Employment, Training and Factories (Lab.II) Department, A.P. Secretariat, Saifabad, Hyderabad. 2 Govt. of A.P. rep. by its Principal Secretary, Finance and Planning (Works & Projects), A.P. Secretariat, Saifabad, Hyderabad. 3 Govt. of A.P. rep. by its The Superintending Engineer, R & B Eluru Circle, Eluru W.G. District. 4 Govt. of A.P. rep. by its The Executive Engineer, R & B Division Kovvur, W.G. District. 5 Govt. of A.P. rep. by its The Pay and Accounts Officer, Eluru, W.G. District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ or Direction more particularly a direction in the nature of Writ of Mandamus declaring the action of the Respondents 4 and 5 in recovering an amount equivalent to I% of gross value of each of the running through deductions from the running bills of the Petitioner pertaining to the C.R.Agreement No. 135/2007-08 dated 17.11.2007 under the guise of Memo No. 4763/PFS/F.8(A.1)/07-1 dated 04.02.2008 towards Labour Cess as arbitrary, illegal and without any authority and consequently set aside the same and further direct Respondents 4 and 5 to refund the excess Labour Cess collected along with the next RA bill and pass such further or other orders. Counsel for the Petitioner: SMT.PADMAVATHI VEMULAPALLI Counsel for the Respondents No.: GP FOR LABOUR GP for Finance and Planning GP for R&B The Court made the following : ORDER: This writ petition is filed seeking a mandamus declaring the action of respondents 4 and 5 in deducting the amount towards Labour Cess @1 from the bills payable to the petitioner, as illegal and arbitrary and consequently direct respondents 4 and 5 to refund the excess amount recovered, if any along with the next RA bill When the matter is taken up for admission today, it is submitted by the learned counsel for the petitioner and admitted to by the learned Assistant Government Pleader for Finance and Planning and the Roads and Building, appearing for the respondents that the subject matter of this writ petition is squarely covered by the orders of this Court passed in W.P.No.4587 of 2008 and batch dated 15.7.2008, wherein this Court considered similar issue and disposed of the said writ petitions. Following the same, this writ petition is also disposed of on the same terms. No costs. N.V.RAMANA,J Dt.29.7.2008 Note: Office to annex copy of order in W.P.Nos.4587 of 2008 and batch dated 15.7.2008 to this order. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Govt. of A.P. rep. by its Principal Secretary, Labour Employment, Training and Factories (Lab.II) Department, A.P. Secretariat, Saifabad, Hyderabad. 2 Govt. of A.P. rep. by its Principal Secretary, Finance and Planning (Works & Projects), A.P. Secretariat, Saifabad, Hyderabad. 3 Govt. of A.P. rep. by its The Superintending Engineer, R & B Eluru Circle, Eluru W.G. District. 4 Govt. of A.P. rep. by its The Executive Engineer, R & B Division Kovvur, W.G. District. 5 Govt. of A.P. rep. by its The Pay and Accounts Officer, Eluru, W.G. District. 6 2CCs to Govt.Pleader for Labour, High Court of A.P. Hyd. 7 2CCs to Govt.Pleader for Fin &Plang, High Court of A.P. Hyd. 6 2CCs to Govt.Pleader for R&B, High Court of A.P. Hyd. 7 2CD copies