D.K.JAIN, ASOK KUMAR GANGULY
Dewan Chand Builders & Contractors – Appellant
Versus
Union of India – Respondent
JUDGMENT
D.K. Jain, J.:
1. These appeals, by special leave, arise out of judgment and final order dated 28th February, 2007 in W.P.(C) No.3620/2003 [connected with W.P.(C) Nos.216-17 of 2006]; W.P.(C) Nos.7480-81/2006 & CM No. 5879/2006, and W.P.(C) Nos.7485-87/2006 & CM No.5886/2006] rendered by the High Court of Delhi, whereby, the said petitions were dismissed with costs of ‘25000/-. The High Court has held that The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (for short “the BOCW Act”); The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Central Rules, 1998, (for short the “1998 Central Rules”); The Building and Other Construction Workers Welfare Cess Act, 1996 (for short “the Cess Act”) and The Building and Other Construction Workers Welfare Cess Rules, 1998 ( for short “the Cess Rules”) are constitutionally valid and within the competence of the Parliament as the levy under the impugned enactments is a “fee”, referable to Entry 97 of List-I of the Seventh Schedule of the Constitution of India.
2. Since all the appeals involve a common pure question of law, these are being d
Hingir Rampur Coal Co. Ltd. Vs. State of Orissa, 1961 (2) SCR 537
Kewal Krishan Puri and Anr. Vs. State of Punjab and Anr., 1980 (1) SCC 416
Sreenivasa General Traders and Ors. Vs. State of Andhra Pradesh and Ors, (1983) 4 SCC 353
State of W.B. Vs. Kesoram Industries Ltd. & Ors, 2004) 10 SCC 201
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