$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 29^th May, 2023.

+ W.P.(C) 16532/2022 KUSMA ..... Petitioner Through: Mr. Chirayu Jain & Ms. Sakshi Dewangan, Advs.

versus DELHI BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD & ANR. ..... Respondents Through: Mr. Abhay Dixit and Mr. Ankit Kumar, Advocates for R-1.

CORAM:

JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

Brief Facts

2. The present petition has been filed by the Petitioner - Kusma is the widow of Late Shri Brij Kishore (hereinafter, ‘the deceased’) who was a construction worker registered with the Respondent No.1 - Delhi Building and Other Construction Workers Welfare Board (hereinafter, ‘BOCW Board’) since 10^th January 2014.

3. This petition relates to the payment of death and funeral benefits under the Delhi Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002, and the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (hereinafter, ‘BOCW Act, 1996’) to the family of the deceased.

4. The case of the Petitioner is that the deceased passed away on 15^th January 2018. Thereafter, the Petitioner applied for death and funeral benefits Signature Not Verified in 2018. On 25^th August 2021 after more than two years, BOCW Board sent a deficiency letter wherein the ‘original slip from the funeral house’ and the ‘renewal slip for 10 January 2018’ i.e. the ‘MR slip’ were sought from the Petitioner.

5. In response to the said letter, the Petitioner vide reply dated 26^th February 2022, submitted the receipts from the funeral house however, the MR slip was not submitted. Another deficiency letter was raised on 8th July 2022 whereby the MR slip was sought and the same was replied to without providing the MR slip.

6. Thereafter, on 6^th February 2023 the amount of Rs.1,10,100/- was sanctioned and released to the Petitioner after notice was issued in the present petition. The Petitioner prays for the grant of interest for the delayed period.

Submissions

7. Mr. Chirayu Jain, ld. Counsel appearing for the Petitioner relies upon various SOPs which have been issued by the BOCW Board in respect of death benefits, funeral assistance, pension benefits, maternity benefits, etc. to argue that the timelines prescribed under the Delhi (Right of Citizen to Time Bound Delivery of Services) Act, 2011 are not being complied with. He places specific reliance on the communication dated 12th January, 2023 issued by the Chairperson of the BOCW Board which records that there are unnecessary deficiencies being raised, all deficiencies are not raised in one go and, delay is being caused in disbursement of benefits to construction workers.

8. On the other hand, ld. Counsel appearing for the Respondents submits that in the case of construction workers, the submission of the application is always not with proper documentation or with the proper authority. He submits that now an online portal has been created to facilitate the application Signature Not Verified processing. He further submits that the BOCW Board has one Secretary, assisted by 11 Deputy Secretaries across separate districts. Since the applications are made directly to the Secretary instead of the concerned Deputy Secretary, there is a delay in processing and releasing benefits under the BOCW Act, 1996. Analysis and Findings

9. The Court has perused the record, as also the orders relied on by the ld. Counsels. Insofar as the death and funeral benefits are concerned, the SOP of the BOCW Board reads as under:

“ANNEXURE -II

1. Name of the Service: Death Benefit (Natural/ Accidental)

(Rule-279)

2. Category: G to C (G to C/ G to B/ G to G)

3. Documents required for the above service a) Application in Form No. XXXVII b Death certificate (in original)

c) I.D Proof of applicant/ Nominee d) Address proof in case of change of address e) Bank account detail of Nominee/ Nominees for RTGS f) Doc