Consider Accepting Construction Workers’ Applications Six Months Before Their Eligibility To Receive Pension: Delhi High Court To Workers Welfare Board

The Delhi High Court has directed Delhi Building and other Construction Workers Welfare Board to consider accepting applications of constructions workers six months before they become eligible for receiving the pension.

Justice Rekha Palli observed that since the Building and Other Construction Workers, Act 1996 and Rules are silent regarding the time period during which pension must be sanctioned to the workers after they attain the age of 60 years, it would save a lot of inconvenience to them if they are permitted to submit their applications six months prior to their becoming eligible for receiving pension.

“The respondent Board is, therefore, directed to consider accepting applications of the constructions workers six months before they become eligible for receiving pension so that once they reach the age of superannuation, their pension can be sanctioned, at the earliest, without any further delay,” the court said.

The court was hearing a plea of a construction worker who was duly registered with the Building and Other Construction Workers Welfare Board, seeking release of her pension with interest at the rate of 18% per annum.

The counsel appearing for the Board, on instructions, submitted that an order was passed on January 6 sanctioning pension in favour of the petitioner w.e.f. February 1, the date when she became eligible for receiving pension.

The petitioner’s counsel submitted that the Board, having delayed the sanctioning of pension despite her eligibility to receive the same, ought to pay interest to her at 18% per annum on the delayed amount.

However, the contention was objected by the Board’s counsel who submitted that the respondent Board cannot be faulted for the delay.

After hearing both the parties, Justice Palli said that the Board was justified in urging that pension could not be sanctioned in the petitioner’s favour without her submitting the requisite documents and, therefore, it cannot be said that there was any inordinate delay on its part in sanctioning the pension.

“Even though, both, the Act and the Rules are silent regarding the time period within which the pension must be sanctioned, in my view, the respondent, which is enjoined with a statutory duty to disburse pension in favour of these construction workers, who play a crucial role in the building of the society, ought to take expeditious steps to ensure that pension is released to them at the earliest,” the court said.

However, the bench observed that it would be in the interest of justice that the petitioner be paid interest on the delayed pension amount “after discounting 45 days” from the date she submitted her documents on August 5, last year.

“The writ petition is, accordingly, disposed of by directing the respondent to pay interest @ 6% per annum on the delayed amount of pension with effect from 21.09.2022 (after excluding 45 days w.e.f. 05.08.2022),” the court ordered.

Title: RAJO v. DELHI BUILDING AND OTHER CONSTRUCTION WORKERS BOARD & ANR.

Citation: 2023 LiveLaw (Del) 42

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