RITES LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder communication dated 13.09.2010 issued by the Development Commissioner, Jharkhand, Ranchi is under challenge by the petitioner-M/s RITES LIMITED.

(2.) Ms. Darshana Poddar Mishra, learned counsel for the petitioner submits that the notice impugned is without application of mind and without considering the fact that the petitioner-establishment has already deducted 1 % cess of the estimated cost of the construction from the concerned contractor and has been deposited in the respective accounts.

(3.) Mr. Atanu Banerjee, learned Sr. S.C. III, appearing for the respondents-State of Jharkhand has submitted that if that be so, then there is no cause of action for filing the present writ petition in view of the stipulation made in the last paragraph of the said communication wherein it has been stated that the quantum of 1 % cess is to be deposited, through the establishment or the contractor and if the amount has been deposited, as has been submitted by learned counsel for the petitioner, in the designated welfare accounts to achieve the object and intent of The Building and Other Construction Workers' (Regulation of Employment and Conditions of Service) Act, 1996 and The Building and Other Construction Workers' Welfare Cess Rules, 1998, no cause of action has arisen to approach before this Court.