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IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Raghunath – Appellant
Versus
Delhi Building And Other Construction Workers Welfare Board & Anr. – Respondents
W.P.(C) 13050 of 2021
Decided On : 13-04-2023
Pension - Building and Other Construction Workers - Delhi Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002 - Rule 273, Section 14(2) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 - Rule 272 - The court discussed the conflict between Rule 272 of the Rules and Section 14(2) of the Act, and held that the eligibility for pension is prescribed in Rule 272 of the Rules, and any worker who has worked for not less than one year after the commencement of the Rules shall become eligible for pension on completion of 60 years. The court emphasized that the right of pension of construction workers cannot be deprived merely due to some distinction in the date of birth as long as the identity of the worker can be established and the claim is not a fake claim or a ghost claim. The court allowed the petitions for release of pension due to the workers and directed the release of pension due to the Petitioner and applicable interest within 8 weeks, subject to necessary verification of credentials and documents, as per the Rules. The court also awarded costs of Rs.25000 to the Petitioner.
Fact of the Case:
The Petitioner, a building and other construction worker, applied for pension as per Rule 273 of the Delhi Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002. The Petitioner's application for pension was not processed by the Board due to discrepancies in the age recorded in the Labour Card and Aadhar card. Despite providing clarification and submitting necessary documents, the Petitioner's application was not processed, leading to the filing of the writ petition.
Finding of the Court:
The court found that the Petitioner fulfilled the conditions laid down in the Act and the Rules for the release of pension and other benefits. The court emphasized that the right of pension of construction workers cannot be deprived merely due to some distinction in the date of birth as long as the identity of the worker can be established and the claim is not a fake claim or a ghost claim. The court allowed the petitions for release of pension due to the workers and directed the release of pension due to the Petitioner and applicable interest within 8 weeks, subject to necessary verification of credentials and documents, as per the Rules. The court also awarded costs of Rs.25000 to the Petitioner.
Issues: The issues involved in the case included discrepancies in the age recorded in the Labour Card and Aadhar card, the eligibility for pension as per Rule 272 of the Rules and Section 14(2) of the Act, and the wrongful denial of the Petitioner's rightful pension for a long period.
Ratio Decidendi: The court held that the eligibility for pension is prescribed in Rule 272 of the Rules, and any worker who has worked for not less than one year after the commencement of the Rules shall become eligible for pension on completion of 60 years. The court emphasized that the right of pension of construction workers cannot be deprived merely due to some distinction in the date of birth as long as the identity of the worker can be established and the claim is not a fake claim or a ghost claim.
Final Decision: The court allowed the petitions for release of pension due to the workers and directed the release of pension due to the Petitioner and applicable interest within 8 weeks, subject to necessary verification of credentials and documents, as per the Rules. The court also awarded costs of Rs.25000 to the Petitioner.
JUDGMENT
Prathiba M. Singh, J. The hearing in this case has been done through hybrid mode.
Background
2. In the present case, this Court is concerned with the issue of pension in respect of the Petitioner-Raghunath, a building and other construction worker. The Petitioner had 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').
3. Vide order dated 20th May, 2020 in W.P.(C) 3001/2020 titled Jai Pal & Ors. v. Delhi Building and Other Construction Workers Welfare Board, a ld. Single Judge of this Court had directed processing of applications, which were pending with the Board for release of pensionary benefits and passed the following order:
"10. At this stage, I may note that the learned counsel for the respondent no.1 has submitted that the delay in processing of the files is also taking place because of lack of adequate staff/officers in the respondent no.1.
11. Keeping in view that the claim in the present petition is for the lowest strata of the society who are most affected by Covid-19 pandemic and the consequent lockdown, it is hoped that the respondent no.2 shall ensure that adequate staff/officers are provided to the respondent no.1 to carry out the process of verification of the pending applications as also the new applications that would be received by it for grant of the benefits under the Scheme announced for the workers by the respondent no.2, as expeditiously as possible. For this purpose, the Delhi State Legal Services Authority is also requested to provide necessary assistance to the workers as also to the respondent no.1 in the process of verification."
4. After the said order was passed directing the expeditious processing of applications for grant and release of pensionary benefits by the Board, the Petitioner as also many other beneficiaries received deficiency letters in respect of their pension applications. In effect therefore, the pensionary benefits have not been released.
Brief Facts
5. The Petitioner - Mr. Raghunath is a carpenter, who worked as a construction worker for several decades. He was registered with the Board on 19th March, 2013. His date of birth as per the registration card issued by the Board is shown as 1st January, 1955 with registration number 6130338393. He was a resident of A-316, JJ Colony, Inder Colony, Delhi-110052. His registration card reflects that his family constitutes his wife and two sons.
6. The Petitioner attained the age of superannuation on 31st December, 2014. He made an application for pension on 5th January, 2016. It is the case of the Petitioner that despite repeated attempts, reminders and representations, his application for pension was not processed by the Board.
Correspondence with the Board
7. A deficiency letter was issued to the Petitioner on 10th June, 2020 by the Board, as per which it was recorded that the age in the labour card and Aadhar card was different. The deficiency raised is as under:
"On perusing through Pension File of the registered member, it is found that age in Labour Card and Aadhar is different. Hence, age of 60 as per Aadhar Card from 1/1/1957 to 1/1/2017 is completed by Raghunath whereas his Labour card was live from 19/3/2013 to 18/2/2016: Hence, present valid registration from 19/2/2016-2017 because at the time of retirement, the worker should be registered member of the Board
Hence you are directed that you will cure the above-mentioned deficiency within 30 days so that appropriate action can be taken on your application.
Please note that if you fail to do so then neither any action will be taken on your application and nor any cognizance of it can be taken."
8. After receiving the deficiency notice as extracted above, the Petitioner gave an affidavit confirming that his date of birth was 1st January, 1955 an
The eligibility for pension is prescribed in Rule 272 of the Rules, and any worker who has worked for not less than one year after the commencement of the Rules shall become eligible for pension on c....
The central legal point established in the judgment is the need to interpret and apply the legal provisions related to pension for construction workers in a manner that ensures timely processing of p....
The eligibility for pension is governed by Rule 273 and Section 14(2) of the Act, and the membership duration requirement is an inclusionary criterion, not an exclusionary one.
The eligibility for pension is governed by the Rules, and cessation of beneficiary status is governed by the Act. The court emphasized the need for timely processing of pension applications and uphel....
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 Constr....
The entitlement to pension benefits for construction workers under the Act and Rules should be determined based on their registration and eligibility, rather than discrepancies in supporting document....
The central legal point established in the judgment is the interpretation of the eligibility criteria for pension under the Act and Rules, and the court's direction for the disbursement of applicable....
The entitlement to pensionary benefits under the Building and Other Construction Workers Act and the liability of the Board to pay interest for delayed processing of pension applications.
Timely processing of pension applications for construction workers, compliance with statutory timelines, and the payment of interest for any delay in sanctioning benefits.
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