ORDER :

1. The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“to issue a Writ, more particularly, one in the nature of a Writ of Mandamus or any other appropriate Writ, Order or Direction-

a) Declaring that the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, the Building and Other Construction Workers Welfare Cess Act, 1996 and the Central and State Rules framed thereunder are not applicable to the work being carried out by the petitioner herein under the Agreements dated 04.08.2008 between the Respondent No.3 viz., the General Manager (TS), Uranium Corporation of India, Ltd., Thummalapalli Project (Post), Vemula (M), YSR District and the petitioner; and consequently.

b) declaring that the Respondent Nos.1 and 2 herein viz., The Commissioner of Labour & the Deputy Commissioner of Labour, Kadapa have no jurisdiction whatsoever and that no amount is payable to them towards cess under the Building and Other Construction Workers Welfare Cess Act, 1996 and the Central and State Rules framed thereunder, while also declaring that the Notice No.UCIL/TMPL/Accts/77/Cess/2011, dated 20.08.2011 issued by Respondent No.3 viz., the General Manager (TS) Uranium Corporation of India Ltd., Thummalapalli Project (Post), Vemula (M) YSR District as being void, non-est, invalid, enforceable and inoperative in law; and consequently.

c) restrain the Respondents, their Officers and Staff, from enforcing the Building and Other Construction Workers (Regulation of Employment and Conditions of Services) Act, 1996, the Building and Other Construction Workers Welfare Cess Act, 1996 and the Central and State Rules framed thereunder against the activities carried on by the Petitioner pertaining to erection and commissioning of Uranium Ore Mining Processing Project of the Respondent No.3 as awarded under the contract dated 04.08.2008; and

And pass such other order or orders ….”.

2. The averments, in brief, in the writ affidavit are:

Petitioner is a company incorporated under the Companies Act, 1956, having its registered office at Sakchi Boulevard Road, Northern Town, Bistupur, Jamshedpur – 831 001, Jharkhand with its Water Service Division having its Tummalapalle Project office at door No.4-11-112, Near Sujatha Theatre, Pulivendula, YSR Kadapa District. Petitioner was carved out of Tata Steel from its Town Services Division in 2004. The mandate for the petitioner was to convert an obligatory service into a customer focused sustainable corporate entity. Petitioner is India’s only comprehensive urban infrastructure service provider. The group purpose is reflected in the petitioner’s mission of providing ‘Quality Services for Life’. Petitioner provides comprehensive services in the supply of water to both industrial and domestic customers. The ranges of services cover operations and maintenance of the entire water cycle from intake to treatment, conveyance and distribution. The petitioner integrates his service with capabilities such as asset management activities, GIS, billing, collection and Non Revenue Water reduction programmes.

Respondent No.3 herein is a Government of India undertaking established for carrying on mining uranium ore in the country. Respondent No.3 invited sealed tender vide tender No.UCTL-3, dated 26.07.2007 for design, engineering, planning, procurement, supply, manufacture/ fabrication, painting, erection, testing and inspection, commissioning and performance testing, complete in all aspects, on EPC/Turnkey basis, of all mechanical, electrical, civil, structural, architectural, air conditioning and ventilation, environmental, control and instrumentation with all equipment and accessories for the intake pump and intake well & pump house, pipeline laying from intake to hill top reservoir and pipeline laying from hilltop reservoir to intermediate reservoir including pump house and subsequently to plant. Underground res