Madras High Court
Universal Mep Projects And Engineering ... vs The State Of Tamil Nadu on 10 April, 2026
Author: M.Dhandapani
Bench: M.Dhandapani
WMP No. 14888 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-04-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
WMP No. 14888 of 2026
IN
WP NO. 13604 OF 2026
Universal Mep Projects And Engineering Services
Limited
Represented by its Authorised Signatory,
Mr. Biplab Chattopadhyay,
New No.624, Old No.523, Anna Salai,
Teynampet,
Chennai-600 018
..Petitioner(s)
Vs
1. The State Of Tamil Nadu
Through the Directorate of Industrial Safety and
Health,
Represented by its Director Mr. S. Ananth,
T.S. No. 47/1 Sidco Industrial Estate,
Near Metro Water Roundtana Guindy,
Chennai-32
2. Mr. S. Ananth,
Senior Additional Director, Directorate of
Industrial Safety and Health,
T.S. No.47/1 SIDCO Industrial Estate,
Near Metro Water Roundtana,
Guindy, Chennai-32
3. Mr. S.K. Kumaresh
Deputy Director- Directorate of Industrial
Safety and Health,
Building, and other Construction Workers
Industrial Safety,
and Heath (Salem, Namakkal, Dharmapuri and
Krishnagiri Districts,
No.27/2A2 Gandhi Road, Near Income Tax
Office,
Salem -636 007
__________
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https://www.mhc.tn.gov.in/judis
WMP No. 14888 of 2026
..Respondent(s)
For Petitioner(s): Mr.Srinath Sridevan
for M/s.M.V.SWAROOP
For Respondent(s): Mr.T.M.Rajangam, GA R1
ORDER
The present petition is filed against communication dated 07.08.2025 issued by the 3rd respondent holding that the works of the petitioner at Tata Electronics Private Ltd., Plant in Hosur, fall within the scope of the building and other construction workers and the Rules framed thereunder.
2. The petitioner – a company engaged in specialised Mechanical Electrical and Plumbing Works, including heating, ventilation and air- conditioning systems and allied electro mechanical installations for industrial and infrastructure projects across India – was awarded three contracts. Despite this, pursuant to an inspection conducted at TEPL’s site on 02.06.2025, in relation to a fatal accident involving a workman, the 3 rd respondent issued a report on 03.07.2025 stating that the petitioner was carrying out construction work at the project site without obtaining registration mandated under the BOCW Act and without formulating the health and safety policy required under the Act and the Rules thereunder. On 03.07.2025 itself, the 3rd respondent issued a show cause notice calling on the petitioner to show as to why it should not be __________ Page2 of 6 https://www.mhc.tn.gov.in/judis WMP No. 14888 of 2026 prosecuted for violation of certain provisions of the BOCW Act and the Rules framed thereunder framed thereunder. Vide a separate communication, the respondent rejected the petitioners detailed representation dated 25.06.2025, as it is not covered by the BOCW Act. The impugned communication proceeds on a fundamentally erroneous interpretation of Section 2(d) of the BOCW Act. During the course of the financial year ending reviews and audit, the petitioner is advised that the determination made in the impugned communication would result in various civil consequences to the petitioner, including inter alia liability to pay cess under the Building and other construction workers’ Welfare Cess Act, 1996 which are payable yearly, if the works are continued for more than one year. The petitioner, consequently, apprehends that it may suffer demand of cess and penalty, on the basis of the wrong interpretation in the impugned order.
3. The learned Senior Counsel for the petitioner submitted that the 3 rd respondent has erred in relying upon Section 2(l)(e) defining building worker to justify applicability of the Act. Section 2(l)(e) applied only to persons employed in connection with building or other construction work. Unless Section 2(l)(d) is first satisfied, Section 2(l)(e) cannot be invoked.
4. Considering the prima facie case made out by the petitioner, this Court grants an order of interim stay until further orders. Notice.
__________ Page3 of 6 https://www.mhc.tn.gov.in/judis WMP No. 14888 of 2026 10-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RLI To The State Of Tamil Nadu Through the Directorate of Industrial Safety and Health, Represented by its Director Mr. S. Ananth, T.S. No. 47/1 Sidco Industrial Estate, Near Metro Water Roundtana Guindy, Chennai-32 __________ Page4 of 6 https://www.mhc.tn.gov.in/judis WMP No. 14888 of 2026 M.DHANDAPANI, J.
RLI WMP No. 14888 of 2026 IN WP NO. 13604 OF 2026 10-04-2026 __________ Page5 of 6 https://www.mhc.tn.gov.in/judis WMP No. 14888 of 2026 __________ Page6 of 6 https://www.mhc.tn.gov.in/judis