Allahabad High Court
M/S Sunworld Developers Private ... vs State Of U.P. And 3 Others on 16 May, 2025
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:80978 Court No. - 33 Case :- WRIT - C No. - 15494 of 2025 Petitioner :- M/S Sunworld Developers Private Limited Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhijit Chatterji,Diptiman Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. Heard Sri Diptiman Singh, Advocate, along-with Sri Abhijit Chatterji, learned counsel for the petitioner and learned Standing Counsel for the respondent-State.
2. The facts in brief as contained in the writ petition are that on 31.08.2020 Deputy Labour Commissioner/respondent no.4 passed an ex-parte assessment order against the petitioner directing him to deposit a sum of Rs.3,47,07,278/-. A sum of Rs.1,70,32,938/- has already been deposited by the petitioner company hence due payable cess was amounting to Rs.1,76,74,340/-.
3. It is argued by counsel for the petitioner that since the order dated 31.08.2020 was passed by the respondent no.4 in an ex-parte manner hence immediately recall application was filed by the petitioner on 21.09.2020. The said recall application was pending for more than four years but ultimately the same was rejected on 06.12.2024 on the ground that the calculation made by the petitioner is incorrect. Aggrieved against the aforesaid orders statutory appeal as provided under Section 11 of The Building and Other Construction Workers (Regulation of Employment) and Conditions of Service) Act, 1996 was filed by the petitioner before the respondent no.2. It is further argued that though the appeal was filed well within the time from the date of order dated 06.12.2024 and cogent reasons were given for condonation of delay in so far as order dated 31.08.2020 is concerned but without considering the aforesaid aspect of the matters by non speaking order the application filed by the petitioner for condonation of delay was rejected. It is argued that in fact there was no delay to challenge the order dated 31.08.2020 since against the aforesaid order immediately the recall application was filed, which was rejected on 06.12.2024 and immediately thereafter the appeal in question has been filed.
4. From perusal of the order dated 11.04.2025 it transpires that though cogent reasons were given by the petitioner along-with Section-5 application for condonation of delay but without considering the same only on the ground that no evidence was produced the same was rejected.
5. In this view of the matter, the Court is of the opinion that the order dated 11.04.2025 passed by the respondent no.2 is a non speaking order and same has been passed in complete violation of principles of natural justice. In this view of the matter, the order dated 11.04.2025 is liable to be set aside and is hereby set aside.
6. The respondent no.2-Commissioner, Meerut Division, Meerut, Appellate Authority under the Building & Other Construction Workers Welfare Cess Act, 1996 is directed to pass a fresh order strictly in accordance with law expeditiously and preferably within a period of three months.
7. For a period of four months from today or till the time decision is taken, whichever is earlier, no coercive action shall be taken against the petitioner.
Order Date :- 16.5.2025 Pramod Tripathi