Jokhan Devi vs Delhi Building And Other Construction Workers Welfare Board

Najmi Waziri, J

The petitioner’s representation to the respondent to release the dues owed to her deceased husband, who was registered as one of the first

beneficiaries under the Delhi Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, were not

responded to.

The workman passed away on 27.03.2019. He had filed a pension application on 18.10.2017, when he attained the age of 60 years; but that

application was not responded to. Subsequently, the petitioner applied for family pension on 18.06.2019, which too has not been responded to.

The learned Additional Standing Counsel for the respondent, submits upon instruction from Secretary of the respondent-Board, that the processing

of the documents is almost complete.

Let the decision in this matter be taken within a week from the date of receipt of copy of this order and monies, as may be due to the petitioner (her

late husband), be released to her within 2 weeks thereafter. Additionally, this petition shall be treated as her representation to be duly considered

before the decision is arrived at.

The learned counsel for the respondents submits that there is an inquiry underway apropos the funds and the beneficiaries, etc. Be that as it may,

such enquiry cannot come in the way of adjudication and/or decision being taken upon the petitioner’s application. The rightful claim of the

workman cannot be subject to any investigation which may be underway, unless there is a specific order injuncting disbursal of legitimate dues to the

beneficiary workman.

Since, the petitioner has been constrained to file her petition, let Rs.25,000/-, be paid to the petitioner as costs by the respondent.

The petition is disposed-off in the above terms.