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Case Title: BADAM VERVA v. DELHI BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD & ANR. W.P.(C) 15061/2022
Date of Decision: – 29th May 2023.

CORAM: JUSTICE PRATHIBA M. SINGH

Introduction

Hyper-technical difficulties and restrictions, such as requiring the original MR Slips or the serial numbers of the notary documents, cannot be used to deny pension benefits to construction employees. As the Delhi High Court noted very recently,

Given that many people who work in the construction industry come from rural areas and have low levels of education, it is important to note that this is the case. Their request for pension benefits, Justice Prathiba M. Singh said, must be handled promptly.

According to Section 372 of the Delhi (Right of Citizen to Time Bound Delivery of Services) Act2011, pension applications must be handled within 30 days. Construction workers’ applications are typically processed within 60 days, as per the Delhi Building and Other Construction Workers Board’s standard operating procedure.

The court stated, “It is clear because once a pension benefit request is made by the building worker, keeping in mind the economic circumstances of such workers, that request needs to be processed with no delay.” These comments were issued as part of a relief order for a construction worker who had previously sought to the Delhi Building and Other Construction Workers Welfare Board for the release of her pension under Rule 372, but had been denied.

She argued that she and other beneficiaries got deficiency letters in regards to their pension applications notwithstanding an order from a coordinating bench requiring speedy processing of applications for award and disbursement of pensionary benefits by the Board.

Because she was not a Board member on the day of her retirement, the petitioner’s pension claim was denied. A writ petition had been filed by the construction worker, and on April 18 of last year, the single judge dismissed it, instructing the Board to issue appropriate instructions regarding the man’s claim for pension payments. Her application was still pending two weeks after the order was issued, so she filed an application to recall the order, which was dismissed with a directive to the Board to decide on her case. When the Board sent the petitioner a second denial letter, she filed a new petition asking that her pension be sanctioned and paid out.

Courts Analysis and Decision

Justice Singh dismissed the appeal after noting the construction worker’s registration with the Board dating back to September 2009 and her employment history of more than a year as a building and other construction worker at the time of the superannuation payment. Moreover, it was recorded that she had contributed in full for the designated time frame.

The court ruled that the fact that the pension beneficiary’s “period of contribution extended by beyond her retirement” or that her “renewal of membership was done after the age of superannuation” did not affect her right to receive benefits.

Accordingly, the construction worker’s pension in question is to be paid out to her with interest at the rate of 6% beginning on February 06, 2022, as ordered by the court. Payment in full is due by July 1, as mandated by the court.

Costs in the amount of Rs25000/- are given to the petitioner “in view of the nature of the case and because the applicant has had to face a second-round long litigation, that too despite invoking the statutory appeal, and has not received her proper pension for a considerable period of time.” Within eight weeks after receiving the petition, the Board shall pay the fees to the Petitioner. The petition and any related petitions are dismissed as set out above,” the court declared.

Judgment- click here to review the judgment

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Written by- Anushka Satwani