In W.P.(C) 15941/2022-DEL HC- Delhi HC directs Construction Workers Welfare Board to consider accepting applications of workers 6 months before they become eligible for receiving pension
Justice Rekha Palli [10-01-2023]

Read Order: RAJO vs. DELHI BUILDING AND OTHER CONSTRUCTION WORKERS BOARD & ANR.

LE Correspondent

January 12, 2023: The Delhi High Court has opined that it would save a lot of inconvenience to the construction workers registered with the Building and Other Construction Workers Welfare Board, if they are permitted to submit their applications six months prior to their becoming eligible for receiving pension.

In this case, a construction worker, duly registered with the Building and Other Construction Workers Welfare Board (Board), had approached the Single-Judge Bench of  Justice Rekha Palli seeking a direction to the respondent Board to release the pension payable to her under the Building and Other Construction Workers, Act 1996 with interest @18% per annum.

After the respondent had sought time to obtain instructions when the present petition was taken up for preliminary consideration, the Respondent’s counsel submitted an order sanctioning pension in favour of the petitioner w.e.f. February 1,2021 i.e. the date when she became eligible for receiving the pension as per rules.

While not denying that  pension had now been sanctioned in the petitioner’s favour, it was submitted from the petitioner’s side that the respondent having delayed the sanctioning of pension in the petitioner’s favour despite her having become eligible to receive the same w.e.f. February 1, 2021, ought to pay interest to her on the delayed amount of pension. 

The Bench took note of the fact that the petitioner was entitled to receive pension w.e.f. the said date and the requisite documents for sanction of pension were submitted by her only on August 5, 2022. 

“In these circumstances, the respondent is 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 it’s part in sanctioning the pension payable to the petitioner”, the Bench said.

Noticing that even though, both, the Act and the Rules are silent regarding the time period within which the pension must be sanctioned, the Bench held that 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.

As per the Bench, the petitioner submitted all the requisite documents on August 5,2022 and therefore, even if a period of 45 days was taken as a reasonable period for the respondent to have processed the petitioner’s application for grant of pension, there was still a delay of more than three months in sanctioning the pension in her favour. 

“Learned counsel for the respondent, except for stating that the respondent is dealing with 16 lakhs registered building and construction workers, is unable to provide any justification for this delay. The pension in favour of the petitioner has been sanctioned only on 06.01.2023 and that too after she was compelled to approach this Court”, the High Court held.

Thus, the Bench was of the view that the petitioner should be paid interest on the delayed amount of pension after discounting 45 days from the date she submitted her documents. 

Directing the respondent to pay interest @ 6% per annum on the delayed amount of pension with effect from September 21, 2022 (after excluding 45 days w.e.f. August 5,2022), the Bench observed that since the Act and Rules are silent regarding the time period during which the pension must be sanctioned to these workers after they attain the age of 60 years, the workers should be permitted to submit their applications six months prior to their becoming eligible for receiving pension.

The Bench concluded this matter by saying, “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.”