ADANI AGRI LOGISTICS LIMITED Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of C.W.P. Nos. 4281, 6102, 7169, 11253/2008 and 8595/2009, as all the petitions involve common question as to coverage of the writ Petitioners owner of establishment by the provisions of the Building and other Construction Workers (Regulations of Employment and Conditions of Service) Act, 1996 (BOCW Act) and the Building and Other Construction Workers' Welfare Cess Act, 1996, Act.

(2.) In C.W.P. No. 6102/2008, seven complaints have been filed against Petitioners No. 2 with the following allegations:

(3.) Quashing of the said complaint has been sought mainly on the ground that the establishment of the Petitioner being covered by the Factories Act, 1948 could not be required to get registration under the BOCW Act. In support of this submission, sustenance is sought from the definition of "building other construction work" under Section 2(d) of the BOCW Act.