$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8509/2022 BANWARI LAL .....Petitioner Through: Ms. Sheyl Trehan, Sr. Advocate with Mr. Chirayu Jain, Ms. Vidhi Jain, Ms.

Tanishqua Dhar Advocates.

versus DELHI BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD & ORS. .....Respondents Through: Mr. Abhay Dixit and Mr. Harish Plaha, Advocates.

CORAM:

HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 03.02.2026

1. Pursuant to the directions passed by the Court, an order dated 07.07.2025 has been passed by the Office of the Delhi Building and Other Construction Workers Welfare (DBOCWW) Board (District North-West)

Government of NCT of Delhi.

2. The aforesaid order surprisingly has been passed by the Section Officer. The Court directed that the decision to be taken by the Claims Manager. Such a conduct by the Officials of the respondent is highly deprecated.

3. Even otherwise, the order dated 07.07.2025 suffers with material illegality. The Court in its order dated 09.05.2024 directed that in order to put a quietus to the matter, the daughter and son-in-law of the petitioner should appear before the Claim Manager. It remains undisputed that both of them along the child appeared before the Claim Manager. The aforesaid is the proof of their marriage. The said fact has been completely ignored by the respondent and despite the Court’s observation, the marriage certificate was insisted.

4. Under the peculiar facts and circumstances, the requirement of production of marriage certificate should have been dispensed with. Additionally, an inquiry seems to have been conducted to undertake the physical verification of Sh. Banwari Lal. It appears that as of now, Sh. Banwari Lal is working in a factory, however, position of he being registered under the provisions of Delhi Building And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Rules, 2002 (hereinafter ‘the rules of 2002’), remains undisputed.

5. The certification placed on record clearly indicate that he was registered on 08.03.2011 by DBOCWW Board and the date of renewal was 25.03.2021. During this period, his registration was not cancelled. Even otherwise, there is no proof that he was not entitled for the benefit under the provisions of the Act, during this period. The application seeking benefit of marriage of the daughter was filed in the year 2017. The said application remains pending.

6. The applicant, therefore, is entitled for the benefit under Rules 282 of the Rules of 2002. The denial of the benefit to the registered worker on account of reasons assigned stands set aside. The respondent is, therefore, directed to consider the claim of the petitioner afresh for grant of benefit under the Rule 282 of the Rules of 2002.

7. Let the aforesaid exercise be carried out within a period of four weeks from today. Let the compliance be placed on record before the next date of hearing.

8. List no 08.04.2026.

PURUSHAINDRA KUMAR KAURAV, J FEBRUARY 3, 2026 aks/ap