IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.550 OF 2010 Between: M/s. Sri Sai Constructions ..... PETITIONER AND The Managing Director, Andhra Pradesh Health & Medical Housing & Infrastructure Development Corporation, Third Floor, DM & HS Office Campus, Sulthan Bazar, Koti, Hyderabad and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.550 OF 2010 ORDER: The matter is coming up for admission. 2. Learned Assistant Government Pleader for Irrigation takes notice on behalf of respondents. 3. It is stated that this matter is covered by an order made by this Court in W.P.No.11269 of 2009 and batch. 4. The writ petition is filed for a writ of mandamus declaring the illegal action of respondent No.4 in resorting to recover 1% labour cess from the petitioner’s contract works without adding same to the gross amount of the bill as illegal, arbitrary and violative of Articles 14, 19(1) (g) and 300-A of Constitution of India and contrary to the Judgment made in W.P.No.11269 of 2009 and batch, dated 22.10.2009 and consequently to direct the respondents to reimburse the labour cess recovered from the petitioner’s contract works so far and pass such other suitable orders. 5. Several facts had been narrated in the affidavit filed in support of the writ petition. 6. W.P.No.11269 of 2009 and batch had been disposed of by this Court, by order dated 22.10.2009. Further, following the said order, W.P.No.27508 of 2009 was also disposed of by this Court on 17.12.2009. 7. In the light of the same, this writ petition is being disposed of at the stage of admission with the following directions: (a) 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 (b) 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. ___________________ P.S. NARAYANA, J January 20, 2010 Note: Furnish C.C. of the order within two days. B/O.MD