The Delhi High Court has castigated the 'minuscule' monthly pension of Rs. 3000 provided to building and construction workers registered with the Delhi Building and Other Construction Workers Welfare Board.

The Division Bench of Justice Rajiv Shakdher and Justice Amit Bansal highlighted the inadequacy of this pension in light of the soaring cost of living in the national capital.

The Bench expressed concern over the disparity between the pension amount and the expenses incurred by workers living in a city like Delhi."The thrust of the BOCW Act is to provide succour to the unorganised labour force deployed in the building and construction industry. 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," it said.

The Court emphasized that the Welfare Board must explore avenues, including increasing the levy of cess, to augment funds for extending adequate benefits to building workers.

While dismissing an Appeal lodged by the Welfare Board against a previous ruling, the Court underscored the importance of upholding the legislative intent embodied in the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 [BOCW Act].

"The Welfare Board, if deemed necessary, 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. Therefore, this argument advanced on behalf of the Welfare Board does not impress us and is thus rejected," the Bench said.

The case in question pertained to a widow whose deceased husband had been a building worker. The Welfare Board had initially rejected the deceased's Application for pension benefits, a decision overturned by a single judge in a ruling last year. Upholding the Single Judge's Verdict, the Division Bench affirmed that the deceased fulfilled the criteria for registration as a beneficiary under Section 125 of the Act.

Section 125 stipulates that a building worker can register as a beneficiary if they are between 18 and 60 years old and have engaged in building or other construction work for a minimum of 90 days in the preceding 12 months. Consequently, upon reaching the age of 60, the deceased met the eligibility requirements for claiming a pension from the Welfare Board.

The Court stated that the Welfare Board is duty-bound to extend benefits to building workers in line with the provisions of the BOCW Act, which is, without a doubt, 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 added.

Consequently, the Court ordered, "Thus, for the foregoing reasons, we are not persuaded to interfere with the impugned judgment. The appeal is, accordingly, dismissed."

Cause Title: Delhi Building and Other Construction Workers Welfare Board v. Dulari Devi & Anr.

Appearance:-

Appellant: Advocates Abhay Dixit, Akhilesh Dixit

Respondent: Advocates Chirayu Jain, Urvi Mohan

Click here to read/download the Order


Justice Rajiv ShakdherJustice Amit BansalDelhi High Court

Sukriti Mishra