PMR INFRASRUCTURES Vs. GOVT OF A P

JUDGEMENT

(1.) This Writ Petition is filed for a Mandamus to direct the respondents to include 1% of total value of the work towards labour cess as concluded in agreement No. 2/2009-10 pertaining to the work of excavation of link channel from Mylavaram Reservoir South Canal to feed Kamalapuram Tank in Kadapa District by declaring the action of the respondents in deducting 1% towards labour cess from the bills of the petitioner, without adding the same in the payment of bills, as arbitrary, illegal and unconstitutional.

(2.) I have heard Sri T. Niranjan Reddy, Learned Counsel for the petitioner and learned Assistant Government Pleader for Irrigation and Command Area Development appearing for the respondents.

(3.) The petitioner, which is a Special Class Contractor in civil works, was entrusted with the above-mentioned work following the tender process. Agreement No. SEH No. 2/2009-10, dated 20.11.2009, was entered between the petitioner and respondent No. 2 for execution of the said work. The petitioner's tender with 5% excess over the estimated rates was accepted. During the course of execution of work, the respondents have deducted 1% towards labour cess from the petitioner's bills. The petitioner represented to the respondents to reimburse the said amount. As the request of the petitioner was not acceded to, it has filed the present Writ Petition.