B.Bagyalakshmi v. The Executive Engineer

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.22696 OF 2009 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- "to issue a writ or order or direction in the nature of writ of Mandamus declaring the action of the respondents not inclusion 1% of the labour cess in the estimated cost of contract work allotted to the petitioner covered by an agreement No.28/2009-2010 dated 15.07.2009 is illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents to revise the estimated cost covered by agreement No.28/2009-2010 dated 15.07.2009 by inclusion of 1% labour cess and to release bill amounts."

2.

Heard and perused the material available on record. 3.

This Court, by an order, dated 23.10.2009, in W.P.M.P.No.29457 of 2009, directed the respondents to consider inclusion of 1% labour cess in all the estimates of the works allotted to the petitioner duly revising the estimates, covered by the agreement No.28/2009-2010, dated 15.07.2009, and pass appropriate orders as per law within a period of two weeks from the date of receipt of a copy of that order and communicate the same to the petitioner. The writ petition pertains to the year 2009. The agreement also pertains to the year 2009-2010. Till date, no counter is filed and no communication is received. When the matter is called, learned counsel for the petitioner is called absent and there is no representation on his behalf. Hence, the interim

order, dated 23.10.2009, passed in W.P.M.P.No.29457 of 2009 is made absolute.

4.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

5.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO Date: 07.09.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.22696 OF 2009 Date: 07.09.2017 AMD