P. Muninder vs The Managing Director
2023 Latest Caselaw 1439 Tel

      THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                        AND
            THE HON'BLE SRI JUSTICE N. TUKARAMJI
                   WRIT PETITION No. 2087 OF 2011

ORDER:

Heard Ms. Kavitha, learned counsel representing Mr. N. Ramesh,

learned counsel for the petitioner. None has appeared for the respondents.

2. This petition has been filed under Article 226 of Constitution of India

praying for the following relief:

"to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the illegal action of the respondents 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, violative of Article, 14, 19 (1)(g) and 300-A of the Constitution of India and contrary to Judgment in W.P.No. 11269 of 2009 and batch dated 22.10.2009, consequently direct the respondents to reimburse the labour cess recovered from the petitioner's contract works so far, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case".

3. Learned counsel for the petitioner submits that issue raised in this writ

petition is squarely covered by the common judgment and order dated

22.10.2009 passed by a learned Single Judge of this Court in W.P. No. 11269

of 2009 and batch. She also submits that this order has been followed in

subsequent writ petitions as well.

4. Upon hearing learned counsel for the petitioner and in the light of the

aforesaid order, this writ petition is disposed of with the following

directions:

(a) 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) Respondents shall not deduct any amount towards cess,

unless the corresponding amount is included in the estimates.

As a sequel, miscellaneous petitions, pending if any, shall stand closed.

__________________ UJJAL BHUYAN, CJ

_________________ N. TUKARAMJI, J Dt: 28.03.2023 Bw

THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HON'BLE SRI JUSTICE N. TUKARAMJI

WRIT PETITION NO. 2087 of 2011 Date: 28.03.2023

Bw