Bocw act applicable

Dear All, we are executing erection work of 2X250 MW Satpura TPS Extn.Unit 10 & 11 of Madhya Pradesh Power Generation.This project is already covered under Factories Act, 1948.But Govt labour officer forcing to us pay 1% cess. I know that where the the provisions of the Factories Act, 1948 applicable BOCW Act not applicabe. but i doesn't have proof to prove it. kindly suggest and provide below mentioned judgement copy. 1)WA/1077/2009 IN CASE OF BHARAT HEAVY ELECTRICAL LTD VRS STATE OF M.P. 2)CWP-6102-2008 ADANI AGRI LOGISTIC LTD VRS STATE OF HARIYANA Regards sacheein sacheein_hr38@rediffmail.com