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 pension applications, considering the financial vulnerability of the beneficiaries.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing 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 who is 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 however, the pensionary benefits have not been released.

Brief Facts

5. The Petitioner - Badam Verva, is a building and construction worker who worked for several decades. She was registered with the Board on 22nd September, 2009. As per her Registration Card, her year of retirement is mentioned as 2013. She was a resident of M-413, Savda. J.J. Colony, Delhi 110081. Her registration card reflects that her family constitutes of her husband.

Correspondence with the Board

6. She made an application for pension on 8th February, 2016. A first deficiency letter dated 11th June, 2020 was issued by the Board which directed the Petitioner to submit an affidavit stating her correct date of birth. In compliance with the said direction, the requisite Date of Birth affidavit was submitted by the Petitioner, which was received by the Board on 21st December, 2020. However, the Board rejected the application for pension on the ground that the Petitioner was not a member of the Board on the date of superannuation. The relevant extract of the order dated 21st December, 2020 is extracted as under:

"As per your labour passbook, a renewal of registration was done for a period of five years from 21.03.2010 to 21.03.2015, and the renewal was approved by the registering authority on 25.11.2014. Whereas you had completed sixty years on 01.01.2013 itself. On the said date of superannuation, you were not a live worker with the Board. There is no provision to deposit annual contribution after crossing the age of 60, therefore you are not eligible to get pension."

7. The said rejection order was appealed to the Board as per Rule 273(4) of the Rules before the Board. The said appeal was filed on 19th January, 2021. Vide order dated 16th April, 2021, the Board remanded the matter back to the Deputy Secretary (North-West) with the direction to decide the matter afresh after giving hearing to the Petitio