$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2080/2024& CM APPL. 8634/2024 RAJA RAM .....Petitioner Through: Mr. Chirayu Jain, Ms. Raksha Awasya, Advs., Adv. Tanishqua Dhar versus DELHI BUILDING AND OTHER CONSTRUCTION WORKERS BOARD .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 26.11.2025

1. This hearing has been done through hybrid mode.

2. The present petition under Article 226 of the Constitution of India, 1950 seeks the following prayers:-

“a. Issue a writ of mandamus or any other appropriate writ order or direction in the nature of a writ setting aside/quashing the Impugned Rejection Order dated 26.12.2023 passed by the Respondent;

b. Direct the Respondent Board to release the Pensionary dues of the Petitioner with penal interest @18% per annum;

c. Direct the Respondent Board to initiate and conduct the inquiry against all the errant officers and employees, whether permanent or contractual, as under Delhi (Right to Citizens to Time Bound Delivery of Services) Act, 2011;

d. Direct the Respondent to review all the rejected claim applications filed by the workers under the the Building and Other Construction Workers Act, 1996 and disburse the claim amounts along with interest wherever the claims have been wrongly rejected due to erroneous application of Section 17 of the Act;

e. Direct the Respondent to pay costs;

Pass any other order or grant any other relief as it may deem fit.

FOR THIS ACT IF KINDNESS THE PETITIONER AS IN DUTY BOUND TO EVER PRAY.”

3. Petitioner, who used to work as mason worker, was registered with respondent-Board with registration No. 7121114689. The petitioner had since been regularly renewing his registration each year as per Building and other Construction Workers (Registration of Employment and Condition of Service) Act, 1996, (for short, ‘BOCW Act’) till 2018 and had paid his contribution on 26.02.2018 and renewed his membership till 22.11.2018. The petitioner got superannuated on 31.12.2018 and became eligible for pension as per provision of BOCW Act and Rules framed thereunder. The petitioner submitted his application for pension which was received by respondent on 16.05.2023. The respondent-Board vide impugned order dated 26.12.2023 rejected the petitioner’s application for pension on ground that the petitioner had paid subscription for Labour Card renewal uptill 22.11.2018 only, and hence, defaulted in paying the renewal subscription as per the Rules of BOCW Act and has thus, not entitled to avail benefits under the pension scheme as he has not paid contribution under Section 16(1) of the BOCW Act for a period of more than one year.

4. Learned counsel for the petitioner relies on the judgment of learned Division Bench in National Campaign Committee for Central Legislation on Construction Labour v. Delhi Building and Other Construction Workers Board, 2024: DHC: 1461-DB, to contend that the benefit of pension cannot be denied on the ground of worker failing to pay contribution to renew his/her registration after validity of his/her registration has come to an end as it has been held that the worker shall continue to be entitled to benefits under the Act for a period of one year from the date he/she is liable to pay fresh contribution as per Section 16 of the BOCW Act and the unpaid contribution from the date the same became due shall be adjusted against the benefit due and payable to the construction worker.

5. Notice was issued to the respondent on 13.02.2024 and two weeks’ time was given for filing counter affidavit. Thereafter, on 22.07.2025 before learned Registrar, learned counsel for the respondent had submitted that they did not wish to file any counter affidavit.

6. Heard learned counsel for the petitioner and perused the record.

7. Learned Division Bench in National Campaign Committee for Central Legislation on Construction Labour (supra) has observed and held as under: -

“8. Since the present case involves the interpretation of Section 17 of the Act, 1996, it is