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 pension with interest.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

CM No. 26005/2023

2. Insofar this application is concerned, the Applicant, Geeta Devi, the widow of Jeevan Paswan is substituted as the Petitioner. The amended memo of parties and taken on record. CM No. 26005/2023 is disposed of.

W.P.(C) 440/2023

Background

3. 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').

Brief Facts

4. The Petitioner - Jeevan Paswan, is a building and other construction worker who worked as a painter and beldar for several decades in Delhi and even worked under several government contractors. He was registered with the Board on 8th December, 2017 with Registration No. 41712114932. As per his Registration Card, at the time of registration he was 56 years old. He was a resident of 95/80 Nirman Majdoor Awaas Sthal, New Delhi-110088. His registration card reflects that his family constitutes his wife, two sons and one daughter.

5. The renewal of the membership of the Petitioner with the Board was processed by the Board on 18th October, 2020. The acknowledgement receipt and online registration card recording the same have also been placed on record.

Correspondence with the Board

6. The Petitioner submitted his application dated 6th January, 2021 for release of pensionary benefits to the Board under the requisite Form XXXV. A copy of the said form submitted to the Board along with receiving has been placed on record.

7. Vide letter dated 30th September, 2021, the said application for pension was rejected by the Board on the ground that the Petitioner did not complete 3 years of membership with the Board and that the total membership of the Petitioner was of only 2 years. It is the claim of the Petitioner that the letter dated 30th September, 2021 was only given to the Petitioner in December, 2022.

8. Aggrieved by the said order rejecting his application for pension, the present petition has been filed by the Petitioner challenging the impugned order dated 30th September, 2021 as also seeking a direction to the Board for release of pension with applicable interest.

Analysis and Findings

9. The present petition was first taken up for hearing on 13th January, 2023 and subsequently. When the matter was taken up on 15th March. 2023 it was submitted by ld. Counsel for the Petitioner that the Petitioner had unfortunately passed away. Accordingly, the legal heirs were directed to be impleaded. Thereafter, the petition was tagged with other connected matters and listed before this Court on 10th May, 2023. Vide order dated 10th May, 2023 this Court had opined that the present petition would be covered by the decision of this Court in Dulari Devi v. Delhi Building and Other Construction Workers Board & Anr., 2023/DHC/001341.

10. In Dulari Devi (supra) this Court has held that the proviso to Section 14(2) of the Act referred to by the Board is only an additional inclusionary criterion, to continue memberships of beneficiaries with Construction Worker Welfare Boards and not an exclusionary criterion, as being interpreted by the Board. It is further held that any construction worker, who is registered for one year with the Board, would be entitled for pension. The relevant portion of Dulari Devi (supra) affirming the same is set out below:

"41. A perusal of Section 14 of the Act and Rule 272 of the Rules, may at first blush appear to be conflicting in nature. However, on a closer look, it becomes clear that they operate in two separate domains.

42. Section 14 of the Act deals with cessation as beneficiaries and Rule 272 of the Rules deals w