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2025 DAILYLAW 18140 (AP)

M/s. Tharu and Sons, v. THE UNION OF INDIA

WP/12958/2025 · 2025-06-25

Subba Reddy Satti

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010251012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12958/2025 Between: 1. M/S. THARU AND SONS,, REP. BY ITS MANAGER, MR. P. DILEEP, AGED ABOUT 57 YEARS, O/O. FLOOR, KALAMASSERY SERVICE CO-OPERATIVE BANK BUILDING, NORTH KALAMASSERY, NEAR METRO PILLAR NO. 250, KALAMASSERY, P.O., ERNAKULAM DIST., KERALA - 683104. R/O. GF-8, SURYA LAKSHMI APARTMENT, CHINTHA CHETIA BAZAR, AYODHYANAGAR, VIJAYAWADA - 520003, ANDHRA PRADESH. ...PETITIONER AND 1. THE UNION OF INDIA, REP.BY SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAVAN, RAISINA MARG, NEW DELHI -110001. 2. EAST COAST RAILWAY ECOR, REP BY ITS GENERAL MANAGER, RAIL SADAN, CHANDRASEKHARPUR, BHUBANESWAR-751017, KHURDA DISTRICT ODISHA. 3. THE SENIOR DIVISIONAL MECHANICAL ENGINEER, EAST COAST RAILWAY (ECOR), VISAKHAPATNAM/WALTAIR DIVISION, DRM COMPLEX, DONDAPARTHI JUNCTION, VISAKHAPATNAM, A.P. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be 2 pleased to issue appropriate Writ, Order or direction more particularly one in the nature of WRIT OF Mandamus declaring the action f the Respondents No.3 in not issuing clarifications/ guidelines for bill certifying officials with regard to the applicability and exemptions of rules under EPFO and ESIC to the contractual staff drawing Salary of Rs. 15,000/-, Rs.21,000/- and above, engaged by Petitioner for execution of the Work as per the Letter of Acceptance Letter No.WALTAIR DIVISION- MECHANICAL/LOA.No.eT- SrDME-WAT-277-2024/00904340105732 20.06.2024 and thereby ensure payment of bills within stipulated period by considering the Representations dt.23.01.2025 and dt. 19.04.2025 submitted by the Petitioner as illegal, arbitrary, and violation of principles of natural justice and in violation of Articles 14 21 and 300-A of the Constitution of India and consequently direct the Respondent No.3 to issue clarifications/ guidelines for bill certifying officials with regard to the applicability and exemptions of rules under EPFO and ESIC to the contractual staff drawing Salary of Rs. 15,000/-, Rs.21,000/- and above, engaged by Petitioner for execution of the Work as per the Letter of Acceptance Letter No.WALTAIR DIVISION-MECHANICAL/LOA.No.eT- SrDME-WAT-277- 2024/00904340105732 dated 20.06.2024 and thereby ensure payment of bills within stipulated period by considering the Representations dt.23.01.2025 and dt. 19.04.2025 submitted by the Petitioner in the interest of justice and to pass such IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to DIRECT the 3rd Respondent to consider the Representations dt.23.01.2025 & dt. 19.04.2025 submitted by the Petitioner, pending disposal of the above Writ Petition, and pass such Counsel for the Petitioner: 1. DEVALARAJU ANIL KUMAR Counsel for the Respondent(S): 1. Y V ANIL KUMAR (Central Government Counsel) 3 The Court made the following ORDER: Learned counsel for the petitioner seeks permission to withdraw the present writ petition. Permission is accorded. Accordingly, the Writ Petition is dismissed as withdrawn. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. _____________________ SUBBA REDDY SATTI, J Date: 26.06.2025 KA 4 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12958/2025 Date: 26.06.2025 KA