MS. GENUS POWER INFRASTRUCTURE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P Goyal, learned counsel assisted by Ms. T Ramchiary, learned counsel for the petitioner. Also heard Mr. B Goswami, learned Additional Advocate General, Assam for the respondents no. 1, 2 & 3 and Mr. D Gogoi, learned Standing Counsel, Assam Power Distribution Company Ltd. ( APDCL).

(2.) The petitioner before this Court is a Company registered on the Company Act, 1956 and is a public limited company. The Company is engaged in the business of manufacture and distribution of electronic energy meters, power distribution management projects and hybrid microcircuits in India and abroad. The Company undertakes the works contract pertaining to electrical goods and transmission lines and such works are regularly undertaken for government entities.

(3.) In response to an NIT dtd. 13/2/2019 issued by the APDCL for supply and installation of services, the petitioner applied for and was allotted the said work order. After completion of the work and submission of the bills, an amount of Rs.18,74,933.00 (Rupees eighteen lakhs seventy-four thousand nine only) was deducted as labour component by the Labour Department from the bills which were raised and from the amounts to be released thereon by the APDCL authorities. It is this deduction of the labour component that is being challenged in the present proceedings. Learned counsel for the petitioner, therefore, submits that this deduction of the amount of Rs.18,74,933.00 (Rupees eighteen lakhs seventy-four thousand nine only) was carried out under purportedly under the provisions of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (the BOCW Act, 1996). Learned counsel for the petitioner submits that there was no construction work undertaken by the petitioner in pursuance to the NIT dtd. 13/2/2019 issued by the APDCL. However, it was a contract for supply and erection/installation of the electrical meters and components.