In Lanco Anpara Power Limited v State of Uttar Pradesh & Ors, the Supreme Court held that construction workers are not covered by the Factories Act, 1948. They are therefore entitled to the welfare measures provided for them under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCW Act), and the Building and Other Construction Workers’ Welfare Cess Act, 1996 (Welfare Cess Act).
Lanco Anpara Power and others had appealed against orders passed by the high courts of Allahabad, Orissa, Madhya Pradesh and Karnataka, which had all held that construction workers are not covered by the Factories Act and are eligible for benefits under the BOCW Act and Welfare Cess Act.
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The business law digest is compiled by Nishith Desai Associates (NDA). NDA is a research-based international law firm with offices in Mumbai, New Delhi, Bengaluru, Singapore, Silicon Valley and Munich. It specializes in strategic legal, regulatory and tax advice coupled with industry expertise in an integrated manner.
