In Brief
Lanco Anpara Power Limited and similar companies sought exemption from the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the Welfare Cess Act, 1996, claiming that because they were registered under the Factories Act, 1948, they fell outside the BOCW Act's definition of 'building or construction work'. The Supreme Court dismissed all appeals, holding that the Factories Act applies only when manufacturing actually occurs, not during construction. Construction workers are not covered by the Factories Act definition, so they must receive welfare protection under the BOCW Act. The Court applied purposive interpretation to social welfare legislation to prevent workers from falling through statutory gaps.
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