Future Housing Infra Pvt. Ltd vs Building And Other Constructions Workers Welfare Board And Others

Tashi Rabstan, J

CM No.5576/2020

For the reasons stated in the application, it is allowed and the time is extended to deposit requisite court fee, attestation of affidavits etc., at this stage. The deficiency be made good before the Registry immediately after the restrictions of lockdown period are over.

Application stands disposed of.

WP(C) No.1635/2020, CM No.5575/2020

After arguing for a while, Mr. R.K Gupta, learned senior counsel appearing for the petitioner submits that in a similar and identical matter being WP(C) No.1464/2020 titled as "Naseema Rashid Wani Vs. CEO Building and Other Construction Workers Welfare Board and Others", the co-ordinate Bench of this Court vide order/judgment dated 24.09.2020 disposed of the aforementioned writ petition by allowing the petitioner in that petition to invoke the remedy as may be available under the Building and Other Construction Workers Cess Act, 1996. It was further ordered that on deposit of the amount of Rs. 25,00,000/- with respondent No.2 and presentation of its proof before respondent No.3, the notice impugned shall not be given effect to. The protection against the recovery afforded to the petitioner shall subsist for a period of one month or till the matter is considered by the authority approached by the petitioner i.e., Assessing Authority or the Appellate Authority, as the case may be.

It is submitted by Mr. Gupta, learned senior counsel that while considering the direction passed in aforementioned case, the respondent No.2 has passed the order dated 14.10.2020. He further submits that as the petitioner in the petition on hand is a similarly circumstanced person as the petitioner in aforementioned petition, therefore, in the present petition too, the same relief may be granted. He has produced a copy of the order dated 14.10.2020, same is taken on record. Statement of learned senior counsel is also taken on record. It is also submitted by Mr. Gupta, learned senior counsel that he has already filed a recalling application/appeal and the same is still pending with the respondents.

In view of the submissions made by learned senior counsel appearing for the petitioner, this petition is, disposed of, by allowing the petitioner to avail the remedy as available under law. The respondents-authority shall consider the recalling application/appeal, if any pending, strictly under rules, having regard to judgment delivered in WP(C) No.1464/2020 titled as "Naseema Rashid Wani Vs. CEO Building and Other Construction Workers Welfare Board and Others" and also the subsequent order dated 14.10.2020 passed by respondent No.2, which is produced by Mr. Gupta, learned counsel for the petitioner. Till the decision is taken on the recalling application/appeal, the impugned communications dated 12.02.2020 and 11.09.2020 shall not be acted upon. This order shall subject to deposit of Rs.25,00,000/- (Rupees Twenty Five Lakh only) with respondent No.2 by the petitioner within a period of one week from today. It is made clear that the amount to be deposited by the petitioner be adjusted in accordance with the assessment order to be made by the respondent No.2. In case, the amount so deposited by the petitioner exceeds the assessed amount in the assessment order, the excess amount shall be refunded to the petitioner and if the amount so deposited goes lesser side as per the assessment order, the remaining amount be recovered from the petitioner.

Disposed of as above along with connected application.