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 upheld the entitlement of construction workers to pension benefits.

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 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 - Malkhan, is a building and other construction worker who worked as a beldaar for several years. He was registered with the Board on 2nd August, 2011 with Registration No. 5110805134. As per his Registration Card, at the time of registration he was 55 years old. He was a resident of H. No. 17, T Hut Meerabagh, Paschim Vihar, New Delhi-110087. His registration card reflects that his family constitutes his wife.

Correspondence with the Board

6. He made an application for pension on 14th March, 2017. However, vide letter dated 22nd September, 2021, the Board rejected the application for pension of the Petitioner. The grounds for the said rejection were that the Petitioner renewed his membership after attaining the age of superannuation and that he did not complete three years of continuous registration with the Board before retirement. The relevant extract of the said rejection is extracted as under:

"On scrutiny of Claim, the following deficiencies/irregularities have been found and the claim has been rejected

1. The worker Malkhan was registered on 02.08.2011 upto 01.08.2014. The worker applied for renewal of his labour card after more than one & half year gap (about 19 month's gap) in 16.03.2016 after attaining the age of sixty years. The worker is not completing at least three years of continuous registration immediately before attaining the age of sixty year (As per Date of Birth of applicant in Aadhar Card is 01.01.1956.)

2. According to The Building and other Construction workers (Regulation of Employment and Condition of Service) Act, 1996 as per Section 14 (2), If a person had been a beneficiary for at least three years continuously immediately before attaining the age of sixty years be shall be eligible to get such benefits as may be prescribed.

7. The said rejection order was appealed