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 of Mandamus or a Writ in the nature of Mandamus or any appropriate Writ, Order or directiona) 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 11.02.2008 between the Respondent No.3 viz., the Manager (Personnel), 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.A/373/2011, dated 20.04.2011 issued by Respondent No.2 viz., the Joint Commissioner of Labour, Kadapa as being void, nonPage 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 11.02.2008; 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 4, Mangoe Lane, Kolkata – 700 001. It is engaged in providing turnkey solutions in the areas of Power, Steel, Aluminum, Material Handling, Mineral Beneficiation, Pyro-processing, Pneumatic Handling of powdered materials, including fly ash handling and high concentrate disposal, coal washing, port cranes, civic and industrial water supply, etc,. Petitioner undertook and executed various works on Turnkey basis, including erection and commissioning of various mineral processing plants such as iron ore, Boxite, Dolonite, Coal, Rock Phospate, Gold, Uranium Ore etc. which involves crushing, grinding, neutral thickening, sand slime separation, tailing disposal, water, compressed air and allied system, which are peculiar to Metal and Steel Industries.

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.01 (UCTL-I), dated 17.02.2007 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, management, instrumentation and control with all equipment and accessories for the crushing, grinding, thickening, sand slime separation, tailing disposal, water, compressed air and allied systems having a capacity to treat 3000 MT/day of ore at the project site Tummalapalle, District Kadapa, AP. The writ petitioner participated in the bid and became successful bidder.

Subsequently on 11.02.2008, a contract agreement was entered into between the petitioner and respondent No.3. In accordance with the agreement works were executed.

While so, respondent No.3 addressed letter/notice Rc.No.A/367/2011, dated 28.04.2011, to the Manager (Personnel) of respondent