The Delhi High Court has emphasized that construction workers' right to pension cannot be denied over technicalities or the absence of certain documents. The court granted relief to a construction worker who had applied for pension but didn't receive it. Stressing the need to process pension applications promptly, the court directed the disbursal of the worker's pension with interest. The court also ordered the Delhi Building and Other Construction Workers Welfare Board to pay costs to the petitioner. The ruling highlights the importance of protecting the rights of construction workers and ensuring they receive the financial support they are entitled to.
The Delhi High Court recently made an important observation regarding the rights of construction workers to receive pensions. The court emphasized that the denial of pension benefits cannot be justified based on hyper-technical issues or the non-production of certain documents, such as original bank slips or serial numbers of notary records. This significant ruling came as the court granted relief to a construction worker who had applied to the Delhi Building and Other Construction Workers Welfare Board for the release of her pension according to Rule 372 but had not received the expected amount.
Recognizing the fact that a substantial number of construction workers are either illiterate or semi-illiterate and hail from rural backgrounds, Justice Pratibha M Singh, presiding over a single judge bench, emphasized that pension benefit applications from these workers must be processed promptly and without unnecessary delays.
Accordingly, the court directed that the applicable pension amount owed to the construction worker, Badam Verva, should be disbursed to her with an added interest rate of 6% dating back to February 6, 2022. The court mandated that this amount be disbursed by July 1, 2023.
In light of the circumstances surrounding the case, including the fact that the petitioner had endured a second round of litigation, even after exercising her statutory appeal, and had been unjustly denied her rightful pension for a significant period, the court ordered the Delhi Building and Other Construction Workers Welfare Board to pay Rs 25,000 as costs to the petitioner. This monetary compensation is expected to be paid within eight weeks.
Initially, the petitioner's application for pension was rejected on the grounds that she was not a member of the board at the time of superannuation. In response, the construction worker filed a writ petition that was disposed of by the single judge bench in April 2022. The court's directive to the board was to make appropriate orders regarding her claim for pensionary benefits. Unfortunately, the board failed to comply with the court's order, leading the petitioner to file an application seeking a recall of the previous ruling.
Despite this, the board issued a second rejection letter to the petitioner. Consequently, the worker filed a fresh petition, requesting the sanction and release of her pension.
Overall, the Delhi High Court's recent observation reinforces the importance of protecting the rights of construction workers, particularly in regard to their entitlement to pensions. The court's ruling emphasizes the need for a more compassionate and efficient approach, considering the challenges faced by many construction workers who may have limited education and come from rural backgrounds. By prioritizing the prompt processing of pension benefit applications, the court's decision seeks to ensure that construction workers receive the financial support they deserve.
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