Extracted from the PDF above. The PDF is authoritative.
2025:UHC:9686 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS 2991/2025
Hon’ble Manoj Kumar Tiwari, J.
Mr. Anchit Khokher, Advocate, for the petitioner.
Mr. Suyash Pant, Standing Counsel, for the State.
Mr. Hari Mohan Bhatia, Advocate, for the respondent no. 2 and 5.
(2) Petitioner is a builder, who is aggrieved by notice dated 11.8.2025, issued by Uttarakhand Building and Other Construction Workers Welfare Board. By the said notice, a provisional demand for labour cess amounting to ₹30,03,280/- was made from the petitioner under provisions of Uttarakhand Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act,
2005.
(3) Mr. Hari Mohan Bhatia, learned Counsel appearing for the respondent no. 2 and 5, was granted time to get instruction in the matter. Today, on instruction, he submits that the provisional demand is made under Uttarakhand Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the rules framed thereunder in
1998. He submits that it is just a provisional demand notice and petitioner has opportunity to have his say before the competent authority. He further submits that petitioner has submitted his reply to the notice on 8.9.2025 along with the balance sheet and other relevant documents and final determination of labour cess would be made, within one
2025:UHC:9686 month from today, only after considering the reply submitted by the petitioner. He submits that if petitioner deposits 25 per cent of the labour cess provisionally determined, no recovery shall be made from the petitioner till final determination is made.
(4) Mr. Anchit Khokher,
learned Counsel for the petitioner, submits that petitioner would deposit 25 per cent of the labour cess, as indicated in the impugned notice, within ten days from today. He further assures that his client will cooperate with the Assessing Authority to ensure that determination of final labour cess is made without any further delay.
(5) Writ petition is, accordingly,
disposed of by permitting the petitioner to deposit 25 per cent of the provisional labour cess, as indicated in the impugned notice, within ten days from today. Subject to petitioner depositing the said amount within stipulated time, no coercive action shall be taken against the petitioner till the final decision is taken by the Assessing Authority. Petitioner shall not seek any unnecessary adjournment before the Assessing Authority and he shall provide all cooperation in the matter.
(Manoj Kumar Tiwari, J.)
3.11.2025 Pr
PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d46250 3, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67 F3C91957BE53, cn=PRABODH KUMAR Date: 2025.11.03 16:43:06 +05'30'
2025:UHC:9686