Authority: High Court of Uttarakhand at Nainital
Order Date: 31 October 2026
Case Overview
- Petitioner: Rudrapur Institute Of Technology, a construction company, filed Writ Petition (Misc. Single No. 3316 of 2026) challenging 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, which directed the petitioner to pay a penalty and labour cess.
- The petitioner appealed the order to the Labour Commissioner, Uttarakhand, under Section 11 of the Act and sought an interim stay of the operative effect of the impugned order, arguing that the absence of the Assistant Labour Commissioner caused hardship and that recovery could be made despite the pending appeal.
- Respondents included the State of Uttarakhand, the Labour Commissioner, the Secretary, and the Assistant Labour Commissioner. The Uttarakhand Building and Other Construction Workers' Welfare Board (respondent No. 3) submitted that no recovery should be made until the interim relief is considered.
Final Outcome
- The Court held that since the appeal is pending, it may direct the Labour Commissioner to consider and decide the petitioner’s interim relief application expeditiously, not later than fifteen days from the order date.
- The Court directed that no recovery of the penalty or cess shall be made from the petitioner until the Labour Commissioner has considered the interim relief.
- The writ petition is disposed of, and all pending applications in the writ petitions stand disposed.
Topics: Labour Cess, Interim Stay, Court Order