All Orissa Contractors' Association vs State Of Odisha .... Opposite Party
2026 Latest Caselaw 974 Ori

Orissa High Court

All Orissa Contractors' Association vs State Of Odisha .... Opposite Party on 4 February, 2026

Author: B.P. Routray

Bench: B.P. Routray

Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Designation: A.R.-cum-Senior Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 09-Feb-2026 14:43:02




                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                       W.P.(C) No.27826 of 2022

                                 (In the matter of an application under Articles 226 and 227 of the
                                 Constitution of India)

                                  All Orissa Contractors' Association, ....                     Petitioner
                                  Bhubaneswar
                                                                     -versus-
                                  State of Odisha                         ....             Opposite Party

                                 Advocate(s) appeared in this case:-

                                             For Petitioner         : Mr. J.K. Mohapatra, Advocate

                                             For Opposite Party     : Mr. T.K. Dash, A.G.A.


                                                CORAM: JUSTICE B.P. ROUTRAY

                                                               JUDGMENT

th 4 February 2026

B.P. Routray, J.

1. Heard Mr. J.K. Mohapatra, learned Advocate for the Petitioner

and Mr. T.K. Dash, learned Additional Government Advocate for

State-Opposite Party.

2. The grievance of the Petitioner is that the Orissa Contractors'

Association, which is a body of all registered contractors in the State,

has been left unrepresented in the Odisha Building & Other

Signed by: BASANTA KUMAR BARIK Designation: A.R.-cum-Senior Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Feb-2026 14:43:02

Construction Workers Welfare Board (in short, "the Board") since

2020. The Petitioner has further prayed for due representation of

Contractors' Association as one of the important employers.

3. Though the Petitioner in specific has prayed for quashing of the

Notification dated 07.02.2020 under Annexure-2 and the impugned

order dated 19.08.2022 under Annexure-5, but his general grievance is

for giving proper representation to the Contractors' Association in the

Board.

4. The Petitioner had earlier approached this Court and this Court

vide order dated 15.07.2022 passed in W.P.(C) No.30737 of 2021

directed the State authority to re-visit Petitioner's representation in the

Board. However, such direction for re-consideration of Government

pursuant to the earlier direction of this Court dated 15.07.2022 was

complied by rejection of Petitioner's grievance mainly on the ground

that the present Board as then was valid upto 06.02.2023. In the

impugned order under Annexure-5, the Secretary to Government of

Odisha has also granted liberty to the Petitioner to make fresh

representation before one month of expiry of the term of the then

current Board, i.e. on or before 06.01.2023.

Signed by: BASANTA KUMAR BARIK Designation: A.R.-cum-Senior Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Feb-2026 14:43:02

5. Mr. Mohapatra, learned counsel for the Petitioner submits that

though the Petitioner had accordingly made his representation within

the stipulated time, but the same was neither considered nor any

representation was given to their Association in the next constituted

Board that was constituted on 28.04.2023 under Annexure-B series. It

is seen from the Notification dated 28.04.2023 that while constituting

the Board, Employers' representation was given to the Engineer-in-

Chief, Rural Works; Engineer-in-Chief, Civil; Engineer-in-Chief,

Water Resources; CGM, Civil, IDCO; and the President of

Confederation of Real Estates Developers' Association of India

(CREDAI, Bhubaneswar), as Members. So, it is seen that, the

employers' representation was five members in the Board as stated

above.

6. Section 18 of the Building and Other Construction Workers

(Regulation of Employment and Conditions of Service) Act, 1996

(hereinafter referred as the "Act") stipulates that the Board shall consist

of a chairperson, a person to be nominated by the Central Government

and such number of other members, not exceeding fifteen. The Board

shall also include an equal number of members representing the State

Signed by: BASANTA KUMAR BARIK Designation: A.R.-cum-Senior Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Feb-2026 14:43:02

Government, the employers and the building workers. For ready

reference, Section 18 is re-produced below:-

"18. Constitution of State Welfare Boards.--(1) Every State Government shall, with effect from such date as it may, by notification, appoint, constitute a Board to be known as the .... (name of the State) Building and Other Construction Workers' Welfare Board to exercise the powers conferred on, and perform the functions assigned to, it under this Act.

(2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal and shall by the said name sue and be sued.

(3) The Board shall consist of a chairperson, a person to be nominated by the Central Government and such number of other members, not exceeding fifteen, as may be appointed to it by the State Government:

Provided that the Board shall include an equal number of members representing the State Government, the employers and the building workers and that at least one member of the Board shall be a woman.

(4) The terms and conditions of appointment and the salaries and other allowances payable to the chairperson and the other members of the Board, and the manner of filling of casual vacancies of the members of the Board, shall be such as may be prescribed."

7. Further Section 2(i) of the Act defines the 'employer' inter alia

as the contractor where the construction work is carried by or through a

contractor. Said provision reads as under:

"(i) "employer", in relation to an establishment, means the owner thereof, and includes,--

(i) in relation to a building or other construction work carried on by or under the authority of any department of the Government, directly without any contractor, the authority specified in this behalf, or where no authority is specified, the head of the department;

Signed by: BASANTA KUMAR BARIK Designation: A.R.-cum-Senior Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Feb-2026 14:43:02

(ii) in relation to a building or other construction work carried on by or on behalf of a local authority or other establishment, directly without any contractor, the chief executive officer of that authority or establishment;

(iii) in relation to a building or other construction work carried on by or through a contractor, or by the employment of building workers supplied by a contractor, the contractor;"

8. A bare perusal of Section 18 read with Section 2(i) of the Act

stipulates that if the total members of the Board would be 15, then the

employers' representation would five. Undoubtedly, the contractor

would be in the position of Employer in relation to a construction work

carried on by or through a contractor or by the employment of building

workers supplied by a contractor.

9. The Board constituted as per Notification dated 07.02.2020

under Annexure-2 and Notification dated 28.04.2023 under Annexure-

B series do not reveal any member representation of the contractors as

the Employer. It is the persisting grievance of Petitioner that while

constituting two such Boards, the contractors and their Association

have been ignored thereby not giving due representation from the

Employers' side. It is well-known that most of the construction works

either in public sector or in private sector are done through the

contractors. Therefore, the claim of the Petitioner's Association for

Signed by: BASANTA KUMAR BARIK Designation: A.R.-cum-Senior Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Feb-2026 14:43:02

their representation in the Board as one of the members in the category

of Employer cannot be just ignored by bringing the engineers and Real

Estate Developers represented as employers. When most of the civil

construction works are carried on through the contractors, their

representation in the Welfare Board to be constituted for the welfare of

construction workers is found very essential.

10. Though the State has filed its counter, but has not completely

denied the right of representation of the contractors in the category of

Employers in the Board. Therefore, as per the mandate under Section

18 of the Act, it is imperative on the part of the State to give due and

legitimate representation of the Employer in one of its important form

of contractor in the Board.

11. As perceived from the Notification dated 28.04.2023, the term of

the present Board will end on 27.04.2026.

12. So, in the result, the Opposite Party, i.e. the Principal Secretary

to Govt., Department of Labour and ESI, Odisha is directed to

nominate one of the members of present Contractors' Association

(Petitioner's Association) or any other valid Association of Contractors

Signed by: BASANTA KUMAR BARIK Designation: A.R.-cum-Senior Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 09-Feb-2026 14:43:02

to be represented duly in the next constitution of the Board to be

effected after 28.04.2023.

13. The writ petition is disposed of accordingly.

(B.P. Routray) Judge

B.K. Barik/A.R.-cum-Senior Secretary