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2010 Supreme(P&H) 1748

ADARSH KUMAR GOEL, ALOK SINGH
Adani Agri Logistics Limited – Appellant
Versus
State Of Haryana – Respondent


Judgment

ADARSH KUMAR GOEL, J.

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:

"(i) That the management is found running construction work of establishment with the aid of 325 workers. Hence the establishment is covered under Building and other Construction Workers Act, 1996. The management failed to show the proof of payment of Registration fee for getting certificate of registration in favour Chief Inspecter of Factories along with Form No. 1 (in triplicate) for running the building or construction work for the years 2007. This is violation of section/rules 7, 17, 18,21 of BOCW Act, 1996.

(ii) There are no fire extinguishers provided near four diesel generator working at different location in the establishmen


































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