LAWS(TLNG)-2022-11-66

V.SAMBI REDDY Vs. SOUTH CENTRAL RAILWAY

Decided On November 24, 2022
V.Sambi Reddy Appellant
V/S
SOUTH CENTRAL RAILWAY Respondents

JUDGEMENT

(1.) Heard Mr. A. Nagendra Rao, learned counsel for the petitioners, Mr. R. Mangulal, learned Standing Counsel for Central Government appearing on behalf of respondent Nos.1 to 3 and Mrs. Anjali Agarwal, learned Assistant Government Pleader appearing on behalf of respondent No.4.

(2.) W.P.No.10601 of 2011 is filed to; a) to call for the records pertaining to the action of the respondents with regard to 1% Labour Cess deducting from the bills of the petitioner under the provisions of the Building and other Construction Workers Welfare Cess Act, 1996, Rules made there-under, the Memo No.W.148/1/9/Vol. IV dtd. 3/3/2009 issued by the respondent No.2 and set them aside; b) to direct the respondents not to recover 1% Labour Cess from the bills payable to the petitioner either of the works covered under Tender Notice No.44/CR/07 dtd. 19/9/2007, No.68/S/08 dtd. 7/7/2008, No.98/S/08 dtd. 10/12/2008 and No.21/S/09 dtd. 23/3/2009 or any other works; and c) to award costs by holding the action of the respondents herein as illegal.

(3.) W.P. Nos.17219 and 17235 of 2022 are filed seeking the very same relief.