Authority: High Court of Uttarakhand at Nainital

Order Date: 15 October 2026

Case Overview

  • Petitioners: Shivam Autotech Limited, Kashi Vishwanath Steels Pvt Ltd, and Themis Medicare Ltd filed separate writ petitions (WPMS/3212/2026, WPMS/3220/2026, WPMS/3222/2026) challenging an order of 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 them to pay penalty and labour cess.
  • Respondents: Labour Commissioner and others; State of Uttarakhand and Uttarakhand Building and Other Construction Workers’ Welfare Board.
  • The petitioners appealed to the Labour Commissioner under Section 11 of the Act, seeking an interim stay of the penalty and cess recovery while the appeals are pending.
  • The Court noted that the presiding officer was unavailable, causing hardship, and that the appeals remain pending.

Final Outcome

  • The Court disposed of all three writ petitions and directed the Labour Commissioner, Uttarakhand, to consider and decide the interim relief prayers within seven days from the order date.
  • It was ordered that no recovery of the assessed penalty or cess shall be made from the petitioners until the Labour Commissioner has considered the interim relief applications.
  • A certified copy of the order is to be supplied to counsel within 24 hours.

Topics: Labour Cess, Construction Sector, Judicial Relief