ORDER

Mr. Aparesh Kumar Singh, J. – Heard learned counsel for the petitioners and the State.

2. Petitioner no. 1 is stated to be a registered union of the Government contractor of district Seraikella Kharsawan. Other petitioners are registered contractor of various work departments of the Government of Jharkhand.

3. The cause raised by way of the instant petition is in relation to deduction of 1% labour cess under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.

4. Petitioners contend that the respondent-Department/ Employer have in previous NITs floated by them not chosen to include 1% as labour cess in the estimate of construction though the contractors executing such work have been made to pay 1% labour cess from the running bills. They have, therefore, sought refund of the amount from the respective departments by making representation, which they seek to be decided by the concerned department. They rely upon a communication of the Labour, Employment and Training Department, Government of Jharkhand bearing no. 4013 dated 13.09.2010 which conveyed the respective Work Departments or other instrumentality and agencies enga