Delhi High Court - Orders
Raghunath vs Delhi Building And Other Construction ... on 31 October, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13050/2021
RAGHUNATH ..... Petitioner
Through: Mr. Chirayu Jain, Adv.
Versus
DELHI BUILDING AND OTHER CONSTRUCTION WORKERS
WELFARE BOARD & ANR. ..... Respondents
Through: Appearance not given for R-1.
Mr. Divyam Nandrajog, Mr. Jasneet
Jolly and Mr. Mohd. Shahid Khan,
Advs. for R-2/GNCTD.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 31.10.2022 CM APPL. 9360/2022 (Recalling of order dated 31.01.2022)
1. The instant writ petition came to be disposed of on 31 January 2022 with the Court taking note of a concession made on behalf of the Board by its learned counsel who submitted that pension would be released within a period of 15 days. The Board has preferred an application for recall contending that the aforesaid concession made on an issue of law would not bind and in any case has led to a piquant situation where if |the direction were to complied with, it would result in a violation of the provisions contained in Section 14(2) of the Building and Other Construction Workers (Regulations of Employment and Conditions of Service) Act Signature Not Verified Digitally Signed By:NEHA Signing Date:01.11.2022 18:12:44 1996 [1996 Act]. It becomes pertinent to observe that Section 14(2) of the 1996 Act envisages payment of benefits to a person who has been a beneficiary for at least three years continuously immediately before attaining the age of 60 years. In the facts of the present case, it is pointed out by learned counsel for the applicant that the petitioner applied for membership on 13 March 2013. It is their case that as per the details carried in the Aadhaar Card of the petitioner, he would have attained the age of 60 years on 01 January 2015. In view of the aforesaid, it is their contention that while the petitioner may be entitled to various other benefits, he cannot possibly be granted the benefits of pension since he had not been a beneficiary for at least three years prior to attaining the age of 60.
2. Learned counsel for the petitioner on the other hand has referred to the provisions made in Rule 273 of the Delhi Building and Other Construction Workers (Regulations of Employment and Conditions of Service) Rules 2002 [2002 Rules], and more particularly to Rule 273(5) to submit that the proviso thereto clearly stipulates that the benefit of pension shall be extended to those construction workers who have remained registered with the Board for not less than one year.
3. This, prima facie, would raise an issue of conflict between the two which would merit consideration.
4. In view of the aforesaid, the order of 31 January 2022 is recalled. The writ petition shall stand restored to its original number.
5. The application shall stand disposed of.
W.P.(C) 13050/2021 The Board may, if so chosen and advised, file a reply to the writ petition within a period of four weeks from today. The petitioner shall have Signature Not Verified Digitally Signed By:NEHA Signing Date:01.11.2022 18:12:44 two weeks thereafter to file a rejoinder affidavit.
List again on 17.01.2023.
YASHWANT VARMA, J.
OCTOBER 31, 2022 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:01.11.2022 18:12:44