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2021 Supreme(SC) 258

UDAY UMESH LALIT, INDIRA BANERJEE
UTTAR PRADESH POWER TRANSMISSION CORPORATION LTD. – Appellant
Versus
CG POWER AND INDUSTRIAL SOLUTIONS LIMITED – Respondent


Advocates Appeared:
For the Appellant :Shishir Prakash, Karuna Krishan Thareja, Rahul Bhatia, Advocates
For the Respondent:Ramesh Singh, Monisha Handa, Mohit D. Ram, Advocates

JUDGMENT :

Indira Banerjee, J.

This Special Leave Petition, under Article 136 of the Constitution of India, filed by the Petitioner, hereinafter referred to as the UPPTCL, is against a final Judgment and Order dated 24th February 2020 passed by the High Court of Judicature at Allahabad (Lucknow Bench), allowing the writ petition filed by Respondent No.1 and setting aside the letters dated 2nd September 2016 and 29th December 2018 issued by the Executive Engineer, Unnao UPPTCL directing the Respondent No.1 to remit Labour Cess amounting to Rs.2,60,68,814/-, computed at 1% of the contract value, under Sections 3 sub-section (1) and (2) of the Building and Other Construction Workers' Welfare Cess Act, 1996, hereinafter referred to as the "Cess Act", read with Rules 3 and Rule 4 (1), (2) (3) and (4) of the Building and Other Construction Workers Welfare Cess Rules, 1998, hereinafter referred to as the "Cess Rules" and also Section 2 (1)(d), (g) and (i) of the Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996, hereinafter referred to


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