Delhi HC orders adjustment of unpaid dues to construction workers

The court said that any unpaid contributions shall be adjusted against the benefits payable to the construction worker.

March 1, 2024: The Delhi High Court has ruled that the denial of benefits to construction workers by the Delhi Building & Other Construction Workers Welfare Board on the ground that the worker failed to pay a contribution to renew the registration is incorrect, according to media reports.

According to a Division Bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, workers will remain eligible for benefits under the Act for one year from the date they were required to make fresh contributions to renew the registration.

The court said that any unpaid contributions from the date it became due shall be adjusted against the benefits payable to the construction worker.

The ruling comes after a Public Interest Litigation (PIL) was filed by the National Campaign Committee for Central Legislation on Construction Labour, challenging the Board’s methodology for categorising workers’ registration status under the Building and Other Construction Workers Act, 1996.

The Bench said that the Act aims to safeguard the welfare of construction workers and ensure their safety, health and welfare. It emphasised that any interpretation resulting in the denial of benefits to the workers contradicts the legislative intent and established legal principles.

While agreeing with the requirement that a construction worker should be engaged in building and construction work for a minimum of 90 days per year to qualify for benefits, the court directed the Board to promptly reconsider all rejected or pending applications in line with the interpretation of Section 17 of the Act.

 

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