JABALPUR, India, March 28 -- Madhya Pradesh High Court issued the following judgment/order on Feb. 24:
1. Petitioner impugns the action of respondent in deducting 1% cess under Building and other Construction Workers (Regulation of Employment and conditions of Service) Act, 1966 on the value of entire contract. As per the petitioner, the cess is to be deducted only on the value of civil work and not on the supply portion of the contract.
2. Learned counsel for petitioner submits that petitioner has given a representation (Annexure P-6) to the respondents on the said aspect relying on the law laid down by the Supreme Court.
3. Learned counsel for respondents No.1 submits that representation (Annexure P-6) of the petitioner is pending and accordingly, prays that direction be issued to the competent authority to decide the representation (Annexure P-6) in accordance with law.
4. In view of the above, the petition is disposed of directing respondent no.1 to decide the representation (Annexure P-6) of the petitioner in accordance with law within a period of 4 weeks from today by way of a speaking order. The competent authority shall give an opportunity of personal hearing to the representative of petitioner while considering the representation.
5. The petition is accordingly disposed of in the above terms.
6. It would be open to the petitioner to avail of such further remedy as may be permissible in law, in case petitioner is aggrieved by the disposal of his representation.
7. It is clarified that this Court has neither considered nor commented on the merit of contentions of either parties.
8. All rights and contentions of the parties are reserved.
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