The court emphasized the entitlement of the widow of a deceased construction worker to receive death and funeral benefits in accordance with the Rules, and the entitlement to interest on delayed benefits.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

W.P.(C) 12826/2022

2. The Petitioner is the widow of Late Sh. Sarwan Sahu who was a construction worker. He passed away on 14th November, 2018. The prayer in the present petition is for the issuance of directions to the Delhi Building and Other Construction Workers Welfare Board (hereinafter `the Board') for releasing death and funeral benefits applicable under Rule 277-279 of the Delhi Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002 (hereinafter `the Rules').

3. The deceased worker had registered with the Board on 9th June, 2016 and had paid the membership fee till 8th June, 2018. He passed away on 14th November, 2018. The death and funeral benefits in terms of Rules 277-279 of the Rules are being sought. The application for the same was filed on 2nd July, 2019 by the Petitioner. A deficiency letter dated 27th August, 2021 was issued by the Board, to which, a reply was furnished on 24th February, 2022. However, since the benefits have not been released, the present petition has been filed.

4. Mr. Dixit, ld. Counsel appearing for the Board submits that death and funeral benefits have already been sanctioned vide sanction letter dated 6th February, 2023. However, Mr. Jain, ld. Counsel appearing for the Petitioner submits that no amount has been received.

5. Since the amounts are stated to have already been sanctioned, insofar as interest is concerned, in terms of the recent decision of the ld. Division Bench of this Court dated 17th April, 2023 in LPA 209/2023 titled Rajo v. Delhi Building and Other Construction Workers Welfare Board & Anr., the Petitioner would be entitled to interest with effect from 24th February, 2022 at the rate of 6%. The relevant observations of the ld. Division Bench's order are set out below:

"12. As regards the alleged delay on the part of the respondent no.1 in processing the appellant's application for pension, it is pertinent to note that even though the appellant completed sixty years of age/superannuated on 01.01.2021, she submitted the application for sanction of pension only on 08.02.2022 i.e. more than 13 months after attaining the requisite age. It is also a matter of record, as noticed in the impugned judgment that the respondent no. 1 vide its letter dated 06.07.2022 pointed out certain deficiencies in the said pension application. The communication expressly referred to the fact that the labour card of the appellant was valid only till 13.12.2020. The said communication also requested the appellant to appear before the concerned Deputy Secretary (District-South), Delhi and provide necessary clarifications. This communication was responded to by the appellant on 05.08.2022. Thereafter, the respondent no. 1 sanctioned the pension on 06.01.2023. As rightly observed in the impugned judgment, it was only after the requisite information was provided by the appellant on 05.08.2022, that the appellant's application for grant of pension could be processed. In view of the sequence of events and the factual position as emerges from the record, it cannot be said that the impugned judgment has incorrectly computed the period for which interest has been held to be payable.

13. The impugned judgment, taking into the account that the relevant rules do not provide any timeline within which an application for pension is to be processed, proceeded on the basis that the period of 45 days can be taken as a reasonable period for the respondent no.1 board to process the appellant's application for grant of pension. On that premise, the appellant has been granted interest @ 6% per annum on the delayed amount of pension w.e.f. 21.09.2022 (after excluding 45 days w.e.f. 05.08.2022). No fault can be found with the directions contained in the impugned judgment which are based on the peculiar facts and circumstances of the present case. "

6. Considering the nature of this