Authority: High Court of Uttarakhand at Nainital
Order Date: 16 October 2026
Case Overview
- Petitioner: Galwalia Ispat Udyog Private Limited (construction company).
- Respondents: State of Uttarakhand and Uttarakhand Building and Other Construction Workers Welfare Board, among others.
- The dispute stems from an order issued by the Assistant Labour Commissioner‑cum‑Cess Assessor and Cess Collector under Section 5 of the Building and Other Construction Workers’ Welfare Cess Act, 1996, directing the petitioner to pay a penalty and the applicable labour cess.
- The petitioner filed an appeal before the Labour Commissioner, Uttarakhand, under Section 11 of the Act and simultaneously moved this Court for an interim stay of the assessment, arguing that the presiding officer was unavailable and continued recovery would cause hardship.
- Counsel for the petitioner (Mr. Rohit Arora) sought a direction to the Labour Commissioner to decide the interim relief promptly; the State and the Welfare Board did not dispute the request.
Final Outcome
- The Court held that, since the appeal is pending, it may direct the Labour Commissioner to consider and decide the interim relief prayer expeditiously.
- The writ petition is disposed of. The Labour Commissioner, Uttarakhand, is directed to decide the interim relief within seven days from the date of this order.
- The Welfare Board submitted that no recovery shall be made from the petitioner until the interim relief is considered; this submission is accepted.
- Consequently, any recovery of the assessed penalty and cess is stayed pending the Labour Commissioner’s decision.
Topics: Labour Cess, Interim Relief, Construction