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2005 Supreme(AP) 360

P.S.NARAYANA
C. V. Subba Reddy – Appellant
Versus
Executive Engineer, Telugu Ganga Project, Divisional Office II, Cuddapah – Respondent


P. S. NARAYANA, J.

( 1 ) HEARD Sri Parameswara Reddy, Counsel representing the appellant and Government pleader for Appeals representing the respondents.

( 2 ) THE following substantial questions of law arise for consideration, in the present second Appeal: (1) Whether the deduction of money from the bills of appellant/contractor without there being an adjudication under Section 12 of the Workmen s compensation Act be sustained? (2) Whether withdrawing of the amount on the ground that compensation had been awarded to the heirs of the deceased workman from the appellant/contractor without making him as a party to the claim and without following due procedure be in accordance with law? both the Counsel advanced elaborate submissions. The Counsel for appellant placed strong reliance on Triveedhi peerayya v. Executive Engineer.

( 3 ) C. V. Subba Reddy, the unsuccessful plaintiff, being aggrieved by the reversing judgment made in A. S. No. 26/93 on the file of II Additional District Judge, Cuddapah, reversing the Judgment made in o. S. No. 116/87 on the file of Subordinate judge, Gudur had preferred the present second Appeal.

( 4 ) THE appellant/plaintiff filed a suit for recovery of a s











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