M/S. Aurobindo Pharma Ltd., v. Apiic- Industrial Area Local Authority

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION NO.18960 OF 2011 ORDER:

This writ petition is filed under Article 226 of the Constitution of India, for the following relief:

"... to declare the action of the respondent in calling upon petitioner to remit 1% of Construction Cost amounting toRs.13,42,434/- as Building and other construction Workers' Welfare Fund towards part of plan approval fee through their letter No.IALA/JNPC/BPA/APL/08, dated 23-05-2011 (Ex.P1) as arbitrary and illegal and against the provisions of the Building and other Construction workers (Regulation of Employment and Conditions of Service) Act, 1996 and the Building and other Construction Workers' Cess Act, 1996 and Rules framed there under."

2. Heard Mr.Vikram Pooserla, learned counsel appearing for the petitioner and Mr.L.Prabhakar Reddy, learned standing counsel appearing for the respondent.

3. When the matter is called today, it is represented by the learned counsel appearing for the petitioner that issue involved in this writ petition is squarely covered by the order passed by this Court in the case of LARSEN AND TOUBRO LIMITED AND OTHERS V COMMISSIONER OF LABOUR, ANDHRA PRADESH, HYDERABAD AND OTHERS [1] and a copy of the same is also placed on record.

4. Following the said order and for the reasons stated therein, the writ petition is allowed setting aside the impugned notice, dated 2305-2011. No order as to costs. Miscellaneous petitions, if any pending in this writ petition shall stand closed.

____________________ A.V.SESHA SAI, J DATED: 29-12-2015 Hsd [1] 2014 (1) ALT 341