ad_puneet (Advocate) 15 June 2010

Building and Other Construction Workers (RE & CS) Act 1996-J

Building and Other Construction Workers (RE & CS) Act 1996-Judgment

Dear Friends

I have come to know that the M.P. HC (Division Bench) has paased some order in a WA/1077/2009 in the case of M/s Bharat Heavy Electricals Ltd Versus State of M.P. on 23-11-2009. The judgment is delivered by Hon'ble Justice Dipak Mishra & Justice Ram Kishore Gupta.

But I am not having the copy of the same, if any one has the copy of the said judgment please upload the same, since it would be very useful to understand the really implication of the Building Contruction Workers welfare Cess Act on the factories already covered under the Factories Act, 1948. The same could not be got from the site of MP High Court.

Regards

__________________
Puneet Gupta
(Advocate)
M/s Puneet Gupta & Associates
(Industrial & Labour Law Advisor)
18-I Sarabha Nagar, LUDHIANA

+9198720 46812

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5 Replies

Sunita Lad (Advocate and Consultant) 15 June 2010

This case has been reported in 2010 LLR page 184

ad_puneet (Advocate) 15 June 2010

Dear Sunita

Thanks for an early response.

But the case you referred to was a Writ Petition No. 2717/2008 decided on 06-01-2009 in the case of M/s Gannon Dunkerley & Co. Ltd. Versus State of M.P. & others reported as 2010 LLR 184.

Whereas I am referring to an appeal against the said Writ petition in the case of M/s Bharat Heavy Electricals Ltd Versus State of M.P. passed by M.P. HC (Division Bench) in WA/1077/2009 on 23-11-2009. The judgment is delivered by Hon'ble Justice Dipak Mishra & Justice Ram Kishore Gupta.

Please look for the said judgment.

Regards

pradeep (legal advisor) 03 August 2010

Originally posted by :ad_puneet

Dear Sunita

Mrs Sunita we are mechanical abd fabriaction contractor ns doing the job of mechanical and fabrication only. any cement related work or civil job is not in our scope.the job is done by the contract labour work engaged by us and they are entered in our muster roll register . We are paying PF and other facility as per the rules and regulation. Department has said that the act is applicable and directed to pay the cess Rs. 43.00 lac to us .Kindly let us know whether this act is applicable in our case ?

pradeep (legal advisor) 03 August 2010

Also please let me know the name of some senior advocate working in jabalpur M.P.

Originally posted by :ad_puneet
"	Dear Sunita Thanks for an early response. But the case you referred to was a Writ Petition No. 2717/2008 decided on 06-01-2009 in the case of M/s Gannon Dunkerley & Co. Ltd. Versus State of M.P. & others reported as 2010 LLR 184. Whereas I am referring to an appeal against the said Writ petition in the case of M/s Bharat Heavy Electricals Ltd Versus State of M.P. passed by M.P. HC (Division Bench) in WA/1077/2009 on 23-11-2009. The judgment is delivered by Hon'ble Justice Dipak Mishra & Justice Ram Kishore Gupta. Please look for the said judgment. Regards	"