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IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Anguri Devi – Appellant
Versus
Delhi Building And Other Construction Workers Board & Anr. – Respondents
W.P.(C) 12827 of 2022 & CM APPL.39007 of 2022 & W.P.(C) 12828 of 2022 & CM APPL.39009 of 2022
Decided On : 29-05-2023
Pension - Building and Other Construction Workers Act - 1996, Section 17, Rule 272, Rule 273 - The court directed the release of pension to the petitioners and clarified the provisions of Section 17 of the Act, emphasizing the entitlement to pensionary benefits and the power of the Secretary of the Board to condone default in contribution. The court also established the liability of the Board to pay interest for delayed processing of pension applications.
Fact of the Case:
The petitioners, a retired worker and the widow of a deceased worker, sought directions for the release of their pensions under the Building and Other Construction Workers Act. The court found that the petitioners had faced delays and struggles in getting their pension applications processed by the Board.
Finding of the Court:
The court directed the Board to release the pension amounts to the petitioners and awarded them simple interest at the rate of 6% with effect from specific dates. The court also instructed the Board to look into the cases of other similarly placed workers and release their pensions accordingly.
Issues: Delay in processing pension applications, entitlement to pensionary benefits, and liability of the Board to pay interest for delayed processing.
Ratio Decidendi: The court clarified the provisions of Section 17 of the Act, emphasizing the entitlement to pensionary benefits and the power of the Secretary of the Board to condone default in contribution. The court also established the liability of the Board to pay interest for delayed processing of pension applications.
Final Decision: The court directed the release of pension amounts to the petitioners and awarded them simple interest at the rate of 6% with effect from specific dates. The court also instructed the Board to look into the cases of other similarly placed workers and release their pensions accordingly.
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
W.P.(C) 12827/2022 & CM APPL. 39007/2022
2. The Petitioner-Ms. Anguri Devi was registered with the Board between June, 2006 to June, 2019. She superannuated on 1st January, 2019. She then applied for pension. However, the date when the application for pension was made is not clear and acknowledgment copy also does not exist on record.
3. The Petitioner then made another application for pension bearing date 18th April, 2021 addressed to the Secretary of the Board. Thereafter, a representation dated 12th May, 2021 was made to the Chairperson and Secretary of the Board with the request for release of the pension of the Petitioner. In addition, vide letter dated 27th January, 2022, issued by the Board the Petitioner was directed to approach the concerned authority for disposal of pension. The said communication is extracted as under:
"Reference your appeal case No. 04/2021/regarding claim of pension. It has been found that you have not approached the concerned district authority for grant of pension as per DBOCWW Rules.
Therefore, I am directed to advise you to approach the concerned district authority for disposal of your pension claim. The claim file has been sent to the concerned district authority for disposal of the claim."
4. In the writ petition, it has been stated by the Petitioner that after the issuance of the above letter, the Petitioner filed his application for pension to the concerned authority on 1st February, 2022. Thereafter, the Petitioner has also filed a representation dated 3rd February, 2022 with the Board for the release of pensionary benefits. The relevant extract of the petition is extracted as under:
"12. Pursuant to the Respondent's letter dated 27.01.2022, the Petitioner was able to finally file her pension application on 01.02.2022 with the concerned district officials of North-West district office of the Respondent No. 1. On 03.02.2022, representation was made to Secretary of the Respondent No. 1 seeking directions to be issued for expeditious processing of pension application of Petitioner. The Secretary of the Respondent No. 1 has failed to do so till date and as such, the pension application of the Petitioner remains pending. Copy of the representation dated 03.02.2022 and reply thereto is annexed and marked as ANNEXURE P-10."
5. This Court vide order dated 5th October, 2020 in W.P.(C) 3001/2020 titled Jai Pal & Ors. v. Delhi Building and Other Construction Workers Welfare Board, considering the entire matter and directed the Respondent to process the pension application and release the same to the various workers including the Petitioner. The said order reads as under:
"6. The Act has been promulgated for purposes of regulating the employment and conditions of service of building and other construction workers and to provide for their safety, health and welfare measures. This is clearly a beneficial legislation and its intent and purpose cannot be defeated by denying registration for such a prolonged period. Accordingly, the respondents are directed to expedite the process of verification and complete the same within a period of four weeks from today.
7. As far as the petitioner no.3 is concerned, even according to the Status Report filed by the respondents on 18.05.2020, the petitioner no.3 had applied for registration/renewal on 08.01.2020 and after payment of the charges, was granted such registration having validity till 09.01.2020. Though, it is not clear from the Status Report as to why the registration was valid only for one day, even otherwise, Section 17 of the Act provides for the effect of non-payment of the contribution in the following terms:
"17. Effect of non-payment of contribution: When a beneficiary has not paid his contribution under sub-section (1) of section 16 for a continuous period of not less than one year, he shall cease to be a beneficiary:
Provided that if the Secretary of the Board is
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