APHC010514182014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO:3222 of 2014 Between: 1. R. MADHU MOHAN, S/O PEDDA NARASIMHAPPA, AGED 42 YEARS, OCC: CONTRACTOR, R/O DOOR NO.1/6, KOTTALAPALLI VILLAGE, VIDAPANAKALLU MANDAL, ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE ENGINEERINCHIEF TRIBAL WELFARE, D.S.S. BHAVANAM, MASAB TANK, HYDERABAD - 500 028. 2. THE SUPERINTENDING ENGINEER TRIBAL WELFARE, D.S.S. BHAVANAM, MASAB TANK, HYDERABAD - 500 028. 3. THE EXECUTIVE ENGINEER TRIBAL WELFARE, SRISAILAM, KURNOOL DISTRICT. 4. THE ASSISTANT PAY ACCOUNTS OFFICER WORKS A PROJECTS, NANDYAL, KURNOOL DISTRICT. 5. THE COMMISSIONER OF LABOUR, GOVT. OF AP, HYDERABAD. 6. THE STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE, SECRETARIAT BUILDINGS, HYDERABAD. ...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 order or direction, more particularly one in the nature of Writ of Mandamus (i) declaring the inaction of the Respondents in not adding an amount @ 1% towards labour cess relating to all the payments made after 26-06-2007 in respect of the works undertaken by the Petitioners, by revising the estimates as per the 2 Govt. Memo dated 28-02-2008 as arbitrary, illegal, discriminatory apart from violative of Articles 14 & 19(1)(g) of the Constitution of India ; (ii) consequently to direct the Respondents to include the amount @ 1% towards labour cess in respect of the payments made to the Petitioners on and from 26-06-2007; (iii) to direct the Respondents not to deduct any amount towards Cess unless the Respondents include the Cess amount in the estimates and (iv) to pass Counsel for the Petitioner: 1. B CHINNAPA REDDY Counsel for the Respondent(S): 1. GP FOR LABOUR 2. GP FOR FINANCE PLANNING 3. GP FOR SOCIAL WELFARE The Court made the following: 3 ORDER: This Writ Petition is filed seeking a writ of mandamus (i) declaring the inaction of the Respondents in not adding an amount @ 1% towards labour cess relating to all the payments made after 26-06-2007 in respect of the works undertaken by the petitioner by revising the estimates as per the Government Memo, dated 28-02-2008 as arbitrary, illegal, discriminatory apart from violative of Articles 14 & 19(1)(g) of the Constitution of India; (ii) consequently, to direct the Respondents to include the amount @ 1% towards labour cess in respect of the payments made to the petitioner on and from 26-06-2007 and (iii) to direct the Respondents not to deduct any amount towards Cess unless the Respondents include the Cess amount in the estimates. 2. Heard the learned counsel for the petitioner and learned Government Pleader appearing on behalf of respondents. 3. Petitioner is a registered Contractor and executing the works of various Government departments and local bodies after entering necessary agreements. According to the petitioner, under the instructions of 1st respondent, the subordinate officers are deducting 1% from the bills towards labour cess in respect of the payment made with effect from 26.06.2007. Grievance of the petitioner is that there is no provision in the estimates of the concerned works regarding payment of 1% cess and the same is nowhere mentioned in the tender schedule 4 also. On representation made by the contractors raising objections over demand of 1% towards cess, respondents issued a Memo, dated 04.02.2008, to effect recovery of amount @ 1% towards labour cess from all contractors payments made from 26.06.2007, without adding 1% amount in terms of memo, U.O.Note dated 28.02.2008, as a result of which petitioner is put to severe financial loss. Questioning the implementation of the Memo, dated 04.02.2008 alone, without implementing the U.O.Note, dated 28.02.2008, the present Writ Petition is filed. 4. It is stated that this Court while dealing with a similar issue in a batch of Writ Petitions in W.P.No.11269 of 2009 and batch, held by order, dated 22.10.2009, that the 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 ten workers or more and that the respondents shall not deduct any amount towards cess, unless the corresponding amount is included in the estimates. 5. The case on hand is squarely covered by the above order of this Court in the batch of Writ Petitions, a copy of which is placed on record. In the circumstances, adopting the reasoning mentioned in the above said judgment, the present Writ Petition is disposed of, directing issuance of a similar direction that the respondents shall include 1% cess in the 5 estimates for the works which they propose to undertake if the work continues for or beyond twelve months and involves engagement of ten workers or more and that the respondents shall not deduct any amount towards cess, unless the corresponding amount is included in the estimates. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:23.09.2025 ARB 6 722 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.3222 of 2014 Date: 23.09.2025 ARB