M/S. Bhilai Engineering Corporation Ltd. v. Union Of India

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 24607 of 2016 ORDER:

Today, when the matter is taken up, it is brought to the notice of this Court that the issue, which has given rise for institution of this Writ Petition, has been dealt with, in detail, by the Division Bench of this Court in Writ Appeal No. 1012 of 2013 and batch. Vide its judgment dated 06.08.2015, the Division Bench has allowed the Writ Appeals, setting aside the order passed by the learned Single Judge in a batch of Writ Petitions. The learned counsel for the petitioner would submit that the provisions of the Building and Other Construction Workers Welfare Cess Act, 1996 have no application to the 2nd respondent, which is a registered factory under the provisions of the Factories Act, 1948. But however, from a perusal of the judgment of the Division Bench rendered in Writ Appeals No. 1012 of 2013 and batch of cases, it is evident that the issue raised in this Writ Petition has squarely been covered by the said judgment, which has the binding effect.

Therefore, following the said judgment, this Writ Petition is dismissed. No costs. Consequently, the Miscellaneous Applications, if any shall also stand dismissed.

_____________________________ CHALLA KODANDA RAM, J.

26th July 2016 ksld