Monthly Pension Of ₹3K To Building And Construction Workers Is Minuscule In City Like Delhi: High Court

The Delhi High Court has observed that monthly pension of Rs. 3000 to building and construction workers is minuscule, given the cost of living in a city like the national capital.

The building and construction workers are, who are registered with the Delhi Building and Other Construction Workers Welfare Board, are entitled for a monthly pension of Rs. 3000 after completion of 60 years.

“By any account, the per mensem rate of pension, which is Rs. 3000, is minuscule, given the cost of living in a city like Delhi,” a division bench comprising of Justice Rajiv Shakdher and Justice Amit Bansal said.

The bench said that the Welfare Board may have to find resources, including increasing the rate of levy of cess, to shore up funds to extend benefits to building workers.

“The financial burden that may befall the Welfare Board cannot form the basis for diluting the will of the legislature, which is reflected in the scheme of the BOCW Act and Rules,” the court observed.

The bench dismissed an appeal moved by the Welfare Board against a last year ruling of a single judge while dealing with a case of a widow whose deceased husband was a building worker.

The Welfare Board had rejected the deceased's application for releasing his pension. Her plea against the rejection was allowed by the single judge.

Upholding the single judge order, the division bench said that the deceased was a building worker within the meaning of Section 2(1)(e) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.

It added that the deceased fulfilled the criteria for registration as a beneficiary under Section 125 of the Act, which provides that a building worker can register as a beneficiary if he is between 18 and 60 years of age and has been engaged in building or other construction work for not less than 90 days during the 12 months preceding the date when he applies for registration.

“…Therefore, on the date (the deceased) reached the age of 60, he fulfilled, as per the record, the eligibility criteria concerning registration and crossing the threshold of 60 years of age to claim a pension from the Welfare Board,” the court said.

The bench said that the Welfare Board is duty bound to extend benefits to building workers in line with the provisions of the BOCW Act, which is a social welfare legislation.

“The object and purpose of the Act are not only to regulate employment and conditions of service for building workers but also to provide safety, health, and other welfare measures as may be deemed fit from time to time,” it said.

Counsel for Appellant: Mr Abhay Dixit, with Mr Akhilesh Dixit, Advocates

Counsel for Respondents: Mr Chirayu Jain, Advocate for respondent no.1; Ms Urvi Mohan, Advocate for respondent no.2

Title: DELHI BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD v. DULARI DEVI & ANR.

Citation: 2024 LiveLaw (Del) 528

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