Is Building and other Construction Workers (BOCW) welfare Cess applicable to a Factory under commercial production going for expansion of one unit?

Dear All
Kindly go through the judgment of Bombay High Court in case of Wardha Power Company Ltd vs State of Maharashtra reported in 2017 (1530 FLR 139 and the judgment of Madhya Pradesh High Court in case of Vippy Industries Ltd. vs Assessing Officer reported in 2017 (153) FLR 951. Both these judgments are by Division Bench wherein the matters related to existing factroy and the applicability of BOCW Act. This should clarify the issue.
Thanks
S. Sensharma
Industrial Law Consultant, Meerut

Dear Shri Sensharma,
I appreciate & offer my thanks for bringing the facts to my knowledge.
Regards

Dear Prabhat: The judgements of High Court are contradictory. While in Vippy Industries, the MP High Court clearly holds that the BOCW Act would apply even if the construction is in the existing Factory premises, in Wardha Power, the Bombay High Court answers "... after manufacturing process starts, the work on a factory building or any other civil work therein which can be subjected to provisions of Factories Act 1948, shall not attract provisions of Act No.27/1996 or the Cess Act."
Both the judgements are of the Division Bench,MP High Court is the later one but the Bombay judgement was not considered. So the issue is still open.I think the final word can be said only after the Supreme Court decides the issue. I think there is strong case in favour of exclusion of liabiliy.