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2016 Supreme(SC) 843

A.K.SIKRI, N.V.RAMANA
LANCO ANPARA POWER LIMITED – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
For the Appellants :- Umesh Kumar Khaitan, E. C. Agrawala, B.S. Banthia, Prashant Shukla, Ms. Anushree Mishra, Kush Agrawal, Nikilesh Ramachandran, Neeraj Shekhar, Rahul Pratap, A. Venayagam Balan, T.G. Narayanan Nair, K.N. Madhusoodhanan, K. Raghvacharyulu, Kailash Pandey, Ranjeet Singh, Ms. Joolie Kataria, K.V. Sreekumar, Advocates.
For the Respondents:- Shreekant N. Terdal, Ravindra Srivastava, SR. Adv., Rajeev Dubey, Ravi Prakash Mehrotra, Shibashish Misra, Kumar Dushyant Singh, Puneet Taneja, Mishra Saurabh, Advocates.

JUDGMENT

A.K. Sikri, J.

Leave granted in SLP (C) Nos. 29105-29106 of 2011, SLP (C) No. 26363 of 2016 and SLP (C) No. 26330 of 2016. Since pure question of law is involved, we allow the transfer petition and transfer cases and also take up, along with these appeals, the writ petitions which were filed before the respective High Courts.

2. These appeals are filed by the appellants challenging the orders passed by different High Courts i.e. High Court of Allahabad, High Court of Orissa, High Court of Madhya Pradesh and High Court of Karnataka. These High Courts, however, are unanimous in their approach and have reached the same conclusion. In all these cases, appellants were issued show cause notices by the concerned authorities under the provisions of the Building And Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (hereinafter referred to as 'BOCW Act') and Buildings And Other Construction Workers Welfare Cess Act, 1996 (hereinafter referred to as 'Welfare Cess Act'). They had challenged those notices by filing writ petitions in the High Courts on the ground that the provisions of BOCW Act or Welfare Cess Act were not applicable to them because




















































































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