Andhra Pradesh High Court - Amravati
Tummala Venkateswara Rao, vs The Geenral Managar, South ... on 5 December, 2022
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU
WRIT PETITION No.15905 of 2009
(Though physical mode)
Tummala Venkateswara Rao,
S/o Venkata Krishna Rao,
Aged 47 years, R/o Plot No.S-1,
Sri Sai Residency, Opp: SVR Nuero Hospital,
Labbipet, Vijayawada, Krishna District,
and others.
.. Petitioners
Versus
The General Manager, South Central Railway,
Rail Bhavan, Secunderabad and others.
... Respondents
***
ORAL ORDER
Dt:05.12.2022
(per Prashant Kumar Mishra, CJ)
1. This writ petition has been preferred seeking the following relief:
"... to issue a writ, order or direction more particularly
one in the nature of WRIT OF MANDAMUS declaring the
action of respondents in not releasing security deposits
and performance guarantees payable to the petitioners
for the works undertaken by the petitioners and insisting
to deposit 1% towards labour cess as illegal, arbitrary,
unconstitutional and against to the principles of natural
justice and violative of Sections 4, 5 and 10 and Rule
HCJ & DVSS, J
4,5,7,9 and 10 of the Building and Other Construction
Workers' Welfare Cess Act, 1996 and Rules, 1998 made
there under and consequently direct the respondents to
release the Security Deposits and performance
guarantees to the petitioners without deducting the
Labour Cess @ 1% from the Security Deposits and
performance guarantees payable to the petitioners and
without insisting upon deposit of 1% towards labour cess
for releasing security deposits and performance
guarantees and to pass such other order or orders as this
Hon'ble Court may deem fit and proper in the
circumstances of the case."
2. Learned counsel for the petitioners would submit that the
subject matter of this writ petition is similar to one in W.P.No.11146 of
2009, which was relied upon by the petitioners by annexing copy of
the interim order passed in the said writ petition. He would further
submit that after bifurcation, the said W.P.No.11146 of 2009 along
with other similar writ petitions was heard and decided by Division
Bench of High Court for the State of Telangana, by common order
dated 03.03.2022 relying upon the judgment rendered by Division
Bench of the composite High Court of Judicature at Hyderabad in the
case of Government of Andhra Pradesh vs. L. Samba Siva Rao
reported in 2016(2) ALD 716 (DB).
HCJ & DVSS, J
3. In view of the above, this Writ Petition is disposed of following
the judgment in Government of Andhra Pradesh vs. L. Samba
Siva Rao (2016 (2) ALD 716(DB)) and W.P.No.11146 of 2009,
dated 03.03.2022. No order as to costs. All the miscellaneous
applications shall stand closed.
4. Copies of the judgment rendered in Government of Andhra
Pradesh (supra) and the order in W.P.No.11146 of 2009 and batch
dated 03.03.2022 be placed on record of this writ petition and be
appended while communicating this order.
PRASHANT KUMAR MISHRA, CJ D.V.S.S. SOMAYAJULU, J
Nn
HCJ & DVSS, J
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU
W.P.No.15905 OF 2009
(per Prashant Kumar Mishra, CJ)
Dt:05.12.2022
Nn
