Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Building and Other Construction Workers |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Building and Other Construction Workers’ Welfare Cess Act, 1996: s. 3(1), (2) – Building and Other Construction Workers Welfare Cess Rules, 1998 – rr. 3 and 4 (1)-(4) – Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996 – s. 2 (1)(d), (g) and (i) – Levy of cess on cost of construction incurred by builders – Respondent no. 1-contractor entered into an agreement with UPPTCL for construction of 765/ 400 KV Substations, split into four contracts – Dispute between parties – Issuance of letters by UPPTCL directing respondent no.1 to remit Labour Cess computed at 1% of the contract – UPPTCL demanded cess on the supply Contract, on the basis of report of the CAG – Writ petition by respondent no. 1 – High Court allowed the petition, setting aside the letters – Interference with – Held: Not called for – Cess under the Cess Act read with BOCW Act is leviable in respect of building and other construction works – Scheme of BOCW Act excludes supply contract from its ambit – Action of UPPTCL in forcibly extracting building cess from respondent no.1 in respect of the first contract, solely on the basis of the CAG report, is in excess of power conferred on UPPTCL, when there was admittedly no assessment or levy of cess under the Cess Act – UPPTCL has no power and authority and or jurisdiction to realize labour cess under the Cess Act in respect of the first contract by withholding dues in respect of other contracts and/or invoking a performance guarantee – Furthermore, the Cess Act and/or statutory rules framed thereunder prescribe the mode and manner of recovery of outstanding cess under the Cess Act – UPPTCL could not have taken recourse to the methods adopted by it – Thus, the communications rightly set aside. Building and Other Construction Workers’ Welfare Cess Act, 1996: Elucidation of. Constitution of India: Art. 226 – Contractual matters – Scope of interference by High Court – Held: Availability of an alternative remedy does not prohibit the High Court from entertaining a writ petition in an appropriate case – Relief u/Art.226 may be granted in a case arising out of contract – However, the writ jurisdiction u/ Art.226 being discretionary, the High Courts usually refrain from entertaining a writ petition which involves adjudication of disputed questions of fact which may require analysis of evidence of witnesses – Monetary relief can also be granted in a writ petition. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2021 INSC 294 |
Petitioner | Uttar Pradesh Power Transmission Corporation Ltd. And Anr. |
Respondent | Cg Power And Industrial Solutions Limited And Anr. |
SCR | [2021] 5 S.C.R. 37 |
Judgement Date | 2021-05-12 |
Case Number | 8630 |
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