AI Overview...
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Delay in Demand for Labour Cess - Unreasonable delay in issuing demands and notices for Labour Cess can be challenged on grounds of arbitrariness and unreasonableness. Several cases highlight that delays without proper justification or explanation may be deemed arbitrary, violating principles of fairness and legality. For example, in cases involving the Building and Other Welfare Cess Act, courts have scrutinized the timing and justification of cess demands, emphasizing that delays should not be unjustified or prejudicial THE ASSISTANT LABOUR OFFICER vs R.V. ABDUL JALEEL - Kerala, Assistant Labour Officer Grade-I vs R.V. Abdul Jaleel - Kerala, Hassam Noor Mohmed VS STATE - Gujarat.
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Limitation and Unreasonableness - While limitation may not strictly apply under constitutional proceedings, delays that lack valid reasons or are excessively prolonged can be challenged as unreasonable. Courts have considered whether the delay was properly explained and whether the demand was made within a reasonable timeframe, especially when the delay affects the rights of parties involved THE ASSISTANT LABOUR OFFICER vs R.V. ABDUL JALEEL - Kerala, Hassam Noor Mohmed VS STATE - Gujarat.
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Arbitrary and Unfair Demands - Demands that are made arbitrarily, without proper basis or reasoning, are subject to challenge. In some cases, demands for cess or other dues have been found to be unjustified or based on arbitrary assessments, leading courts to quash such demands Rajni Goyal VS Supertech Limited - Consumer, Adhunik Power and Natural Resources Limited VS Central Coalfields Limited through its Chairman cum Managing Director - Jharkhand.
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Violation of Principles of Natural Justice - Excessive or unexplained delays in demanding labour cess can violate principles of natural justice, especially if the delay prejudices the respondent or is coupled with unreasonable assessments. Courts have emphasized the need for proper justification for delay and fair procedure Maulana Mohammad Ali Jauhar Trust Through Its Chairman Mr. Azam Khan VS State Of U. P. - Allahabad.
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Main Points and Insights:
- Unreasonable delays in demanding Labour Cess can be challenged if they are unexplained or unjustified.
- Courts scrutinize whether delays are arbitrary, prejudicial, or violate principles of fairness.
- Proper justification and timely action are essential to uphold the legality of cess demands.
- Demands made without proper basis or based on arbitrary assessments are liable to be quashed.
- The legal framework allows for challenging such delays under constitutional and arbitration laws, emphasizing fairness and reasonableness THE ASSISTANT LABOUR OFFICER vs R.V. ABDUL JALEEL - Kerala, Rajni Goyal VS Supertech Limited - Consumer, Assistant Labour Officer Grade-I vs R.V. Abdul Jaleel - Kerala.
Analysis and Conclusion:
Unreasonable or unjustified delays in demanding Labour Cess are often challenged successfully in courts when they are deemed arbitrary, lacking proper explanation, or prejudicial to the respondent. Courts generally favor timely, justified, and fair procedures, and any delay that violates these principles can be considered illegal or unreasonable, leading to the quashing of such demands. The emphasis remains on ensuring that cess demands are made within a reasonable timeframe with proper justification, respecting principles of natural justice and legality.
Search Results for "Unreasonable Delay in Demand of Labour Cess"
2025 Supreme(Online)(Ker) 16240 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
11, 12) ... ... Facts of the case: ... The respondent, owner of a residential building, challenged the demand ... for Cess imposed by the appellants, which was quashed by the learned Single Judge. ... The respondent had challenged the issuance of notices, Exts.P3 and P4 dated 09.03.2020, and order Ext.P7 dated 27.12.2018, whereby a demand was made for payment of Cess by the respondent. 3. ... Whilst, it is true that limitation does not strictly apply to the proceedings under Article 32 or 226 of the Constitution of Ind....
2025 0 Supreme(Ker) 1678 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sushrut Arvind Dharmadhikari, Syam Kumar V.M.
11, 12) ... ... Facts of the case: ... The respondent, owner of a residential building, challenged the demand ... for Cess imposed by the appellants, which was quashed by the learned Single Judge. ... The respondent had challenged the issuance of notices, Exts.P3 and P4 dated 09.03.2020, and order Ext.P7 dated 27.12.2018, whereby a demand was made for payment of Cess by the respondent. 3. ... Whilst, it is true that limitation does not strictly apply to the proceedings under Article 32 or 226 of the Constitution of Ind....
2018 0 Supreme(Del) 2172 • India - Delhi
NAVIN CHAWLA
arbitral tribunal had provided cogent reasons for its findings and that its interpretation of the contract was not perverse or unreasonable ... arbitral tribunal had provided cogent reasons for its findings and that its interpretation of the contract was not perverse or unreasonable ... ARBITRATION - PRICE ADJUSTMENT - WEEKLY/MONTHLY INDICES - DELAY IN RAISING DISPUTE - EXTRA COST OF STAGING - VARIATION - PROLONGATION ... There is no demand from the Labour Deptt. of Govt. of Gujarat also, for deposit of....
• India - Consumer
V.K.JAIN
The demand raised vide letter dated 12.10.2015 was at least partly un-justified. ... The aforesaid demand will be adjusted by the OP out of the compensation payable to the complainant in terms of this order. ... Within one month from today, the OP shall send a revised demand letter to the complainant alongwith documentary proof and computations ... The labour charges, according to the learned counsel for the OP, is the cess paid by them under Buildings and Other Welfare Cess Act, 1996.....
2021 0 Supreme(All) 195 • India - Allahabad
J. J. MUNIR
Assessment Officer, Rampur directing the University to show cause why for the delay in compliance with the impugned order beyond ... equivalent to the amount of cess, under Sections 8 and 9 of the Cess Act, be not initiated. ... Construction Workers’ Welfare Cess Act, 1996 Rampur assessing cess under the Act last mentioned, relating to buildings constructed ... The Learned Senior Counsel submits that these figures about the assessment costs are ex facie arbitrary, unreasonable and high....
1996 0 Supreme(Guj) 55 • India - Gujarat
M.R.CALLA
- Held, Court is satisfied that delay has been explained Division Bench has considered question of delay and laces in petitions ... board was not allowed to work - He moved an application on before authorities of Labor Board that should be giving any details or ... that dispute was raised belatedly without furnishing adequate reasons for same - Petitioner was appointed as casual worker with Labor ... It was a case with regard to the demand of the cess under the Bengal Cess#HL....
2021 0 Supreme(Mad) 2632 • India - Madras
S.M.SUBRAMANIAM
The Salt Industry is entirely labour-oriented and labour intensive and no machinery is used except for pumping sea brine or sub-soil brine from the sea or creeks or wells dug to harness sub-soil brine. 5. ... Thus the unilateral decision and the unreasonable assessment made are in violation of Article 14 of the Constitution of India. ... of Salt Industry in regard to quantity and quality welfare of labour, establishment and maintenance of Model Farms, Salt Research Stations, etc. ... A supplementary Lease Deed was also e....
2022 0 Supreme(Bom) 336 • India - Bombay
S.J.KATHAWALLA, MILIND N.JADHAV
existence of an arbitration agreement in Present Contract, Writ Petition is maintainable - Whether impugned Letter is arbitrary and unreasonable ... tenable reasons for issuing Impugned Letter - As a result of above, Court find Impugned Letter issued by Respondents to be arbitrary, unreasonable ... It claims that it is entitled to refund of a portion of mobilisation advance and outstanding labour cess. ... In other words, UPPTCL has no power and authority and or jurisdiction to realise labour ....
2025 Supreme(Online)(Sikk) 23 • India - THE HIGH COURT OF SIKKIM: GANGTOK
BISWANATH SOMADDER, CJ., BHASKAR RAJ PRADHAN
(Paras 42, 43) ... ... Issues: Whether the liability for cess under the Cess Act was appropriately ... was disputed between the appellant and the respondents concerning the Building and Other Construction Worker Cess Act. ... is limited to ground of violating public policy and patent illegality - Award incorrectly held that the statutory liability of cess ... It also suffers from patent illegality which goes to the root of the matter and appears on the face of the award, is so unfair and unreasonable ....
2017 0 Supreme(Jhk) 251 • India - Jharkhand
APARESH KUMAR SINGH
(A) Labour and Industrial Law—Recovery of outstanding amount from bank guarantee—Respondent CCL being an instrumentality of State ... transaction between parties—It was definitely injurious to other—Once impugned action itself has been held to be illegal, arbitrary and unreasonable ... The bank guarantees which provided that they are payable by the guarantor on demand is considered to be an un-conditional bank guarantee. ... Had the petitioner Company been liable to pay any outstanding demand of the Respondent CCL, on fa....
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