APHC010254112023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13511/2023 Between: 1. M/S.SEW INFRASTRUCTURE LIMTED, Y. GANGADHARA RAO, DIRECTOR, REP. BY ITS GPA HOLDER, R. PRABHUDAS, S/O. POORNA BASAIVAIAH, AGED ABOUT 65 YEARS, R/O. MOPIDEVI, NTR KRISHNA DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, LABOUR DEPARTMENT, SECRETARIAT AT VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT, SECRETARIAT AT VELAGAPUDI, GUNTUR DISTRICT. 3. THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT AT VELAGAPUDI, GUNTUR DISTRICT. 4. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, VIJAYAWADA, NTR KRISHNA DISTRICT, ANDHRA PRADESH. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, K.C. DIVISION, VIJAYAWADA, NTR KRISHNA DISTRICT, ANDHRA PRADESH. 6. THE DEPUTY EXECUTIVE ENGINEER, SUB-DIVISION, PULIGADDA, WATER RESOURCES DEPARTMENT, NTR KRISHNA DISTRICT, 2 VS,J W.P.No.13511 of 2023 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 pleased to issue a writ in the nature of Mandamus or any other appropriate writ, order or direction, by declaring the action of the respondents in recovering additional 1percent of Labour Welfare Cess from IBM (Internal Bench Mark) i.e. estimated value, while payment of Bills, from the petitioner, contrary to the provisions of Building and other Constructions Workers Welfare Cess Act, 1996, r/w. Rules 3 and 4 (1) (2) (3) and (4) of Building and other Constructions Workers Welfare Cess Rules, 1998. contrary to the conditions of the agreements apart from violation of Principles of Natural Justice, consequently direct the respondents not to recover Additional 1percent of Labour Welfare Cess from the IBM (Internal Bench Mark) i.e estimated value and pay the same to the petitioner for the works executed by the petitioner and to pass IA NO: 1 OF 2023 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 prays that, to direct the respondents not to recover the 1percent Additional Labour Welfare Cess from the IBM (Internal Bench Mark) i.e. estimated value, and pay the same to the petitioner for the works executed by the petitioner, pending final disposal of the main W.P. and to pass Counsel for the Petitioner: 1. D S SIVADARSHAN Counsel for the Respondent(S): 1. GP FOR LABOUR 2. GP FOR FINANCE PLANNING 3. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 VS,J W.P.No.13511 of 2023 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- <…to issue a writ in the nature of Mandamus or any other appropriate writ, order or direction, by declaring the action of the respondents in recovering additional 1% of Labour Welfare Cess from IBM (Internal Bench Mark) i.e. estimated value, while payment of Bills, from the petitioner, contrary to the provisions of Building and other Constructions Workers Welfare Cess Act, 1996, r/w. Rules 3 and 4 (1) (2) (3) & (4) of Building and other Constructions Workers Welfare Cess Rules, 1998. contrary to the conditions of the agreements apart from violation of Principles of Natural Justice, consequently direct the respondents not to recover Additional 1% of Labour Welfare Cess from the IBM (Internal Bench Mark) i.e. estimated value and pay the same to the petitioner for the works executed by the petitioner…= 2. Heard, learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation. 3. Learned Counsel for the Writ Petitioner submits that this case is squarely covered by a Common Order passed by the learned Single Judge of this Court in W.P.No.16156 of 2020 and batch dated 20.09.2023. 4. Having perused the said Common Order passed by the learned Single Judge in W.P No.16156 of 2020 and batch dated 20.09.2023, and the facts in the present case, this Court is of the view that the present case is squarely 4 VS,J W.P.No.13511 of 2023 covered by the said Common Order. The operative portion of the common order is extracted hereunder: <16. Therefore, the writ petitions are disposed of with the following directions: a. The respondents shall verify the bills of the petitioners and if the corresponding amount is included in the estimates, the respondents can deduct amount as prescribed at the rate of 1%towards Labour Cess. b. Upon verification, if the respondents found that the corresponding amount is not included in the estimates, the respondent shall not take steps to deduct the amount/recover the amount from the petitioners towards Labour Cess.= 5. In view of the above extract, this case is also disposed of on the basis of the operative portion of the Common Order passed by the learned Single Judge in W.P.No.16156 of 2020 and batch dated 20.09.2023. 6. Registry is directed to attach the copy of the order, dated 20.09.2023 passed by this Court in W.P.No.16156 of 2020 and batch to this order. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date : 12.11.2025. KGR