Building and other Construction Workers (Regulation of Employment and Condition of Services) Act, 1996 is applicable in the License Premises of a Factory?
There is some ambiguity created by the definition of “Building & Other Construction Work” [Sec. 2(1)(d)] where it states that “Building & Other Construction Work … does not include any building or construction work to which the provisions of the Factories Act 1948, … apply.”
Adani Agri Logistics & Anr V/s State of Haryana & Ors & Sterlite Energy V/s State of Orissa & Ors , it has been held that BOCW Act & BOCW Cess Act would apply to Constn Projects/Activities within Factory Premises also, even though Sec.2(1)(d) of BOCW Act expressly states that it does not apply to any building or other construction work to which the provisions of the Factories Act, 1948 apply.
