APHC010385322017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 13487/2017 Between: 1. VA TECH WABAG LIMITED,, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT WABAG HOUSE #17, 200 FEET THORAIPAKKAM - PALLAVARAM MANI ROAD, SUNNAMBUKOLATHUR, CHENNAI 600 117 AND HAVING ITS PROJECT SITE OFFICE AT RASHTRIYA ISPAT NIGAM LIMITED VISAKHAPATNAM STEEL PLANT, VISAKHAPATNAM VISAKHAPATNAM DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE GOVERNMENT OF ANDHRA PRADESH, REP. BY THE COMMISSIONER OF LABOUR PATURI'S PRIDE, PAPAIAH STREET X ROAD SEETHARAMPURAM, VIJAYAWADA - 520 002 KRISHNA DISTRICT, ANDHRA PRADESH 2. THE JOINT COMMISSIONER LABOUR, ABIDNAGAR, AKKAYYAPALEM VISAKHAPATNAM DISTRICT, ANDHRA PRADESH 3. THE JOINT COMMISSIONER LABOUR STEEL PLANT SECTORI, UKKUNAGARAM VISAKHAPATNAM DISTRICT, ANDHRA PRADESH 4. RASHTRIYA ISPAT NIGAM LIMITED VISAKHAPATNAM STEEL PLANT, ADMINISTRATIVE BUILDING THROUGH ITS DEPUTY GENERAL MANAGER (CONTRACTS) VISAKHAPATNAM - 530 031 5. THE REGIONAL VIGILANCE ENFORCEMENT OFFICER, D.NO.49- 54-3 BALAYYA SASTRI LAYOUT VISAKHAPATNAM 2 JS,J W.P.No.13487/2017 ...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 toIssue a writ, order or direction more particularly one in the nature of writ of Mandamus:-- a. declaring the actions of the Respondents in purporting to deduct / recover the 1% cess amount pursuant to the proceedings of the 4th Respondent vide letter No.E-DAK/16/ RM(Constn)/699, dated 06/08/2016 under the Building & Other Construction Workers' (Welfare Cess) Act, 1966 in relation to the works being undertaken by the Petitioner at the factory premises of Respondent No.4 as arbitrary, illegal and unconstitutional as being violative of Article 14 of the Constitution of India and contrary to the provisions of the Building & Other Construction Workers' (Welfare Cess) Act, 1996 in terms of the judgment dated 04/02/2014 of this Hon'ble Court passed in WP No.15416 of 2010, consequently; b. Direct the Respondent No.4 not to deduct the 1% Cess under the Cess Act, 1996 from the bills of the Petitioner; c. Direct the Respondent No.4 to refund the already deducted amount towards 1% Cess under the Cess Act, 1996 from the bills of the Petitioner; and pass IA NO: 1 OF 2017(WPMP 16742 OF 2017 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 direct the Respondent No.4 not to remit the amounts so deducted towards 1% Cess under the Cess Act from the bills of the Petitioner to the credit of Respondents 1 to 3 and pass Counsel for the Petitioner: 1. P VENKATA RAO Counsel for the Respondent(S): 1. GP FOR LABOUR (AP) 2. V SUBRAHMANYAM 3 JS,J W.P.No.13487/2017 The Court made the following ORDER: Though the matter was adjourned on 08.10.2025 and 15.10.2025, there was no representation on behalf of the learned counsel for the petitioner. Today when the matter is called there is no representation for the petitioner. It appears that the learned counsel for the petitioner is not interested to prosecute the case. Hence, the Writ Petition is dismissed as non-prosecution. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM Dated: 12.11.2025 KAS 4 JS,J W.P.No.13487/2017 256 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 13847/2017 Dated: 12.11.2025 KAS