2025:JHHC:28770-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 428 of 2025 1. The State of Jharkhand, through the Secretary, Department of Labour, Employment & Training, having its office at Shram Bhawan, Doranda, P.O. & P.S Doranda, District-Ranchi, Jharkhand. 2. The Labour Commissioner, Department of Labour, Employment & Training, having its office at Shram Bhawan, Doranda, P.O. & P.S - Doranda, District- Ranchi, Jharkhand. 3. The Assistant Labour Commissioner-Cum-Cess Assessment Officer (Building and Other Construction Workers Welfare Cess Act, 1996), having its office at Shram Bhawan, Doranda P.O. & P.S - Doranda, District- Ranchi, Jharkhand. Respondent No. 1, 2 & 3/Appellants Versus 1. M/s Anvil Cables Private Limited, a Private Limited Company incorporated and subsisting under the provision of the Companies Act, 2013 having its Registered Office at 102 Krishna, 224, AJC Bose Road, P.O. & P.S. AJC Bose Road, District Kolkata-700017, through its constituted Attorney, Mr. Shailendra Kumar Singh, aged about 50 years, son of Shri Ravindra Nath Singh, resident of Dewanji Street, Hooghly, P.O. & P.S. Rishra, District Hooghly, Pin Code 711228, West Bengal. … Writ Petitioner/Respondent 2. Jharkhand Bijli Vitran Nigam Limited, through its Managing Director, having its office at Engineering Building, HEC, Dhurwa, P.O. and P.S. - Dhurwa, District- Ranchi, Jharkhand. 3. General Manager (Project & Financial Management) Jharkhand Bijli Vitran Nigam Limited, having its office at Engineering Building, HEC, Dhurwa, P.O. and P.S. Dhurwa, District- Ranchi, Jharkhand. … Respondent No.4 & 5/Proforma Respondent --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- For the Appellants: Mr. Rajiv Ranjan, Advocate General Mr. Ashutosh Anand, Addl. A.G.-III Mr. Sahbaj Akhtar, A.C. to A.A.G.-III For Resp. No.1: Mr. M.S. Mittal, Sr. Advocate Mr. Salona Mittal, Advocate For Resp. Nos.2&3: Mr. Manoj Kumar, Advocate 2025:JHHC:28770-DB --------- 04/Dated: 18.09.2025 Tarlok Singh Chauhan, C.J.(Oral) I.A. No. 9535 of 2025 1. Heard. 2. For the reasons stated in the application duly supported by the affidavit of the Labour Superintendent, we find sufficient cause to condone the delay of 407 days in filing the appeal. 3. Ordered accordingly. 4. I.A. No. 9535 of 2025 stands allowed and disposed of. L.P.A. No. 428 of 2025 5. With consent of the parties, the appeal is taken up for hearing on merits today itself. 6. It is not in dispute that the writ petitioner entered into a contract with Jharkhand Bijli Vitran Nigam Limited (in short ‘JBVNL’). It is further not in dispute that the labour cess was deducted on the supply portion by the JBVNL. 7. Once that be so, obviously, it is for the JBVNL who deducted the amount and paid it to the Jharkhand Building and Other Construction Workers Welfare Board (in short ‘the Board’), which was the custodian of the amount deducted by the JBVNL to pay the same after getting the same from the Board. 8. In such circumstances, the liability to pay the amount could not have been fastened upon the Respondents 2 and 3 before the Writ Court i.e. the Labour Commissioner, Department of Labour; and the Assistant Labour Commissioner-cum-Cess Assessment Officer. 2025:JHHC:28770-DB 9. Accordingly, the order passed by the learned Writ Court is modified to the extent that JBVNL is directed to refund the amount to the writ petitioner after getting the same from the Board. 10. With the aforesaid observations and directions, this writ petition stands disposed of. 11. Pending application(s), if any, shall also stand disposed of. (Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) September 18, 2025 N.A.F.R. Manoj/Pramanik/Cp.2.