Timely processing of pension applications for construction workers, compliance with statutory timelines, and the payment of interest for any delay in sanctioning benefits.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

Brief Facts

2. The present petition relates to the release of pension arrears to the family of Late Sh. Ram Manohar (hereinafter, `the deceased') who was a construction worker.

3. The case of the Petitioner-Smt. Ram Shree, who is the wife of the deceased, is that he was duly registered with the Respondent No. 1 - Delhi Building and Other Construction Workers Welfare Board (hereinafter, `BOCW Board') under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (hereinafter, `BOCW Act, 1996') from 10th January 2014 till 2018. He superannuated on 10th June 2018 and filed his pension application on 27th September 2019. According to the Petitioner, the same was not processed between 2019-2020. In the intervening period, Petitioner's husband passed away on 10th June 2020.

4. Vide order dated 22nd May 2020 in W.P.(C) 3001/2020 titled Jai Pal v. Delhi Building and Other Construction Workers Welfare Board, this Court emphasised the need for adequate staff and officers to address the pending applications of building and construction workers. The Court directed the Respondent No. 1 to expedite the process within four weeks, releasing benefits if eligible and providing reasons for rejections. It also urged the Respondent No. 1 to ensure that sufficient staff and officers were provided to expedite the verification process for both pending and new applications for pensionary benefits under the Scheme announced for the workers. The following order was passed:

"2. At the outset, the learned counsel for the petitioners submits that majority of the grievances raised by the petitioners have been addressed by the Division Bench of this Court in its order dated 20.05.2020 passed in W.P.(C) 2991/2020, Sunil Kumar Aledia vs. Govt. Of NCT of Delhi & Ors..

3. The learned counsel for the petitioners further submits that while the petitioner no. 4 has received the pensionary benefits after the filing of the petition, however, so far as the other 118 workers similarly situated, details of whom were provided to the respondent no. 1 pursuant to the order dated 27.04.2020 of this Court, the Status Report filed by the respondent no.1 discloses that the status of the applications of 91 workers could not be ascertained as their files are lying in the concerned district office(s).

4. Keeping in view the hardship that must presently be faced by these workmen due to the Covid-19 pandemic, the respondent no. 1 is directed to expedite the process of scrutinizing the applications of these 91 workers and take a decision thereon, positively within a period of four weeks from today. In case these workers are found entitled to the pensionary benefits, the same be released to these workers within the same period. For the workers who are not found eligible, the respondent no.1 shall communicate the reasons for rejection of their applications to such workers and supply a copy thereof to the learned counsel for the petitioners, who may take it up with such workers for further course of action.

5. The learned counsel for the petitioners further submits that with respect to the 7 (seven) workers, details of whom had been supplied by the learned counsel for the petitioners, the Status Report supplied by the respondent no.1 records that their application has been rejected on the ground of age difference in their Voter ID Card, Aadhar Card and Bank Passbooks. She prays that such workers be granted an opportunity of filing further documents/representations before the respondent no. 1 to justify their claim.

6. Keeping in view the nature of the objection raised by the respondent no.1 as also the submission made by the learned counsel for the petitioners, it is directed that the respondent no.1 shall grant an opportunity to such workers to produce further documents/make representation to the respondent no. 1 in support of their claim. For this pu