The eligibility for pension and other benefits under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the Delhi Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002 is determined by Section 14(2) of the Act and Rule 272 of the Rules. The Court's decision emphasized the harmonious interpretation of these provisions in favor of the construction workers.

JUDGMENT

1. The hearings in these cases have been done through hybrid mode.

Brief Facts

2. In the present case, this Court is concerned with the issue of pension in respect of two deceased building and other construction workers, namely, Smt. Ram Rati and Sh. Gauri Shankar. The Petitioners are their legal heirs. The Petitioners have applied to the Delhi Building and Other Construction Workers Welfare Board (hereinafter `the Board') for release of pension as per Rule 273 of the Delhi Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002 (hereinafter `the Rules'). However, the application for release of pension has been rejected by the Board by orders dated 23rd August, 2022 and 26th August, 2022. The said orders rejecting the application for release of pension have been impugned by the Petitioners. The brief facts in both the petitions are captured below:

W.P. (C) 13969/2022 `Dulari Devi v. Delhi Building and Other Construction Workers Welfare Board'

3. The Petitioner in this petition is Smt. Dulari Devi who is the widow of Shri Gauri Shankar Gupta who was working as a building and other construction worker for several decades in Delhi. As per the petition, his registration with the Board was processed for the first time with effect from 17th December, 2007. Copy of his registration card bearing Registration No. 4071200015 and showing that he was 58 years old on the date of Registration has been annexed with the petition. Admittedly, as per the impugned order he deposited contribution for three months from 17th December, 2007 to 17th March, 2008. On 1st January, 2009, Shri Gauri Shankar Gupta superannuated as per the date of birth mentioned in the Labour Registration card. However, while his registration was due for renewal on 17th March, 2008, his application seeking renewal was kept pending. He paid the renewal fee on 31st January, 2012, as demanded. He attained the age of superannuation of 60 years on 1st January, 2009. The application for pension is stated to have been made by the worker in the year 2012. Nevertheless, as per the impugned order, his registration is shown as being renewed till 16th October, 2012, for a fee of Rs.532/-. The computation for the said fee has however, not been given.

4. Unfortunately, he passed away in May 2021. His claim for pension was rejected by order dated 23rd August, 2022, on the following two grounds:

(i) That he had paid the renewal fee post attainment of 60 years which is the superannuation age.

(ii) Secondly, he was not registered for a continuous period of three years as required under Section 14(2) of the Act.

5. The impugned order dated 23rd August, 2022 reads as under:

"In respect to above subject, you are hereby informed that the application for pension submitted by Gauri Shankar (XXXIV) has been persued, and following deficiencies have been noted:

1. Late Gauri Shankar was registered with the Board from 17.12.2007 to 17.03.2008 (3 months);

2. After 17.03.2008, in Late Gauri Shankar's passbook, no contribution was deposited. As such, at the time of superannuation on 01.01.2009, Late Gauri Shankar was a registered worker only for a period of 3 months;

3. Thereafter, Late Gauri Shankar on 31.01.2012 had deposited his arrears for renewal contribution in the Board office for the period from 17.03.2008 to 16.10.2012. However, at that time, Late Gauri Shankar was 63 years 1 month old;

As per Section 14(1) of the Delhi Building and Other Construction Workers Act, notwithstanding anything, only if a person is registered for a period of three years prior to turning 60, only then he/she is eligible;

Explanation-for the purposes of the said section, with a board the period of three years shall be added for a beneficiary in case a beneficiary is registered with some other board during the said period.

4. As per your passbook, you were registered for a period of three months. Therefore, you do not meet the requirement of three years membership as m