Right Of Pension Of Construction Workers Cannot Be Deprived Due To Hyper-Technical Requirements- Delhi HC Observes

A Delhi High Court Bench of Justice Prathiba M Singh has observed that "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."

Counsel Chirayu Jain and Counsel Sakshi Dewangan appeared for the petitioner, while Counsel Pravitra Kaur appeared for the respondents.

In this case, the prayer was for sanction and release of pension along with applicable interest.

A construction worker applied to the Delhi Building and Other Construction Workers Welfare Board for the release of her pension as per Rule 372. However, her pension benefits were not released. She argued that despite a previous court order directing the Board to process pension applications promptly, she and other beneficiaries received deficiency letters regarding their applications. The petitioner's pension application was rejected on the grounds that she was not a member of the Board at the time of her superannuation.

The Court held that the fact that the period of contribution extended by beyond her retirement or that the renewal of membership was done after the age of superannuation cannot lead to the denial of pensionary benefits.

Further, the Court observed that, as recorded in Builders Association of India and Ors v. Union of India (UOI) and Ors., the Delhi (Right of Citizen to Time Bound Delivery of Services) Act, 2011, is a beneficial legislation, which contemplates benefits for construction workers including benefits such as pension.

In light of the same, the Court held that "there is no justification for not processing the application for pension of the Petitioner. The Petitioner in this petition fulfilled the conditions laid down in the Act and the Rules for release of pension and other benefits he was entitled to."

Further, considering the nature of the case, costs of Rs. 25,000/- were awarded to the Petitioner.

Cause Title: Badam Verva v. Delhi Building and Other Construction Workers Welfare Board & Anr.

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