Delhi High Court Directs Welfare Board To Pay Pension To The Construction Worker

Delhi High Court Directs Welfare Board To Pay Pension To The Construction Worker

Recently, Hon’ble Delhi High Court has disposed of the writ petition of the woman worker, working as a Building and construction worker, with a direction to the respondents to pay pension to her, admissible as per Rule 273 of the Delhi Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2002 (hereinafter ‘the Rules’) and also awarded her Rs. 25,000/- as the cost of litigation.

BRIEF FACTS OF THE CASE

The Petitioner – Badam Verva, is a building and construction worker who worked for several decades. She was registered with the Board on 22nd September, 2009. The Petitioner had applied to the Delhi Building and Other Construction Workers Welfare Board (hereinafter ‘the Board’) for release of pension. the Board rejected the application for pension on the ground that the Petitioner was not a member of the Board on the date of superannuation. She represented the matter to the board. Board did not took any decision and she was compelled to file the writ petition in which direction was issued to consider the case of the petitioner for pension. Her claim for pension was again rejected by following order

““As per Section 14(1) of the Delhi Building and Other Construction Workers Act – notwithstanding anything, only if a person is registered for a period of three years prior to turning 60- he/she is eligible. Even as per Section 12(1) and Section 17 of the Delhi Building and Other Construction Workers Act you are not eligible to receive pension.”

Now impugning the same, she again filed the writ petition.

HON’BLE COURT’S OBSERVATIONS

Hon’ble Mrs. Justice Pratibha M Singh stated that when this case was taken up, it was found that this case is squarely covered with Dulari Devi v. Delhi Building and Other Construction Workers Board & Anr., 2023/DHC/001341.

Further, the Hon’ble court observed that “the only issue that has been raised by the Board is a legal issue relating to the alleged conflict between Rule 272 of the Rules and Section 14 of the Act i.e. the Petitioner was not registered for a period of three years prior to attaining superannuation.”

In this regard, Hon’ble court has extensively quoted the relevant portion of Dulari Devi (supra) and in para 49 of the said judgment it was categorically held that “The eligibility for pension is prescribed in Rule 272 of the Rules i.e., any worker who has worked for not less than one year after the commencement of the Rules i.e., 2022 shall become eligible for pension on completion of 60 years. Thus, under Rule 272 of the Rules provides that all the worker would have to show is that the worker was a beneficiary under the Rules for at least one year on completion of 60 years. The pension which the worker is eligible for, shall accordingly be disbursed to him.”

Furthermore, it was held that “This Court takes note of the fact that a large number of construction workers are either illiterate or even semi-illiterate and hail from rural background. As has been recorded in Builders Association of India and Ors v. Union of India (UOI) and Ors., (2007) ILR 1 Delhi 1143, the Act being a beneficial legislation contemplates benefits for construction workers including benefits such as pension. The right of pension of construction workers cannot be deprived of, merely due to hyper-technical issues or requirements such as production of original MR Slips or serial number of the notary records.”

In view of the above and BOCW Act, Delhi (Right of Citizen to Time Bound Delivery of Services) Act, 2011 and also the order in Rajo v. Delhi Building and Other Construction Workers Welfare Board & Anr, the Hon’ble court directed the respondents to pay pension to the petitioner with 6% interest from February 2022 to January 2023.

Case Title:-  Badam Verva Vs. Delhi Building and other Construction Workers Welfare board

Case no. :-   W.P.(C) 15061/2022

Order date :- 29.05.2023