Mis. Wonderla Amusement Park v. Assessing Officer Under The Building And Other Construction Workers

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.34685 OF 2018 ORDER:

Aggrieved by the action of the 1st respondent in issuing the assessment order bearing No.BOCW/Cess/Wonderla/2017, dated 26.06.2018, this Writ Petition is filed.

Heard Sri Vedula Venkata Ramana, learned Senior Counsel appearing for the petitioner, who submits that an appeal is filed against impugned order dated 26.06.2018 and same is pending before the appellate authority and same is not being taken up. He also submits that there is no condition of pre-deposit except the amount mentioned in Rule 14 (2) (c ) of the Building and Other Construction Workers' Welfare Cess Rules,1998 (for short 'the Rules, 1998) and that the petitioner will comply the aforesaid Rule and sought for permission to pursue the appeal before the appellate authority.

Learned Senior Counsel appearing for the petitioner as well as learned Government Pleader for Labour state that this Writ Petition can be disposed of by directing the appellate authority to dispose of the appeal filed by the petitioner, within a stipulated period.

In view of the same, it is open for the petitioner to comply with condition as mentioned in Rule 14 (2)(c) of the Rules, 1998 and thereafter, the 2nd respondent-appellate authority is directed to dispose of the appeal filed by the petitioner in accordance with

law, within a period of two weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, shall stand closed. _______________________________ A.RAJASHEKER REDDY, J 08-10-2018.

Note: Issue cc tomorrow.

B/o. kvs

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY W.P.No.34685 of 2018 Date: 08.10.2018 kvs