Disposed

Delhi Building and Other Construction Workers Welfare Board v. Jagdish & Anr.

Delhi HC13 Sept 2024LPA/444/2023

Case brief

AI extract

What is this about?

This order disposed of an intervention petition by NCC-CL, holding it unnecessary as the workman's counsel could take the same stand. The court vacated a prior interim order and disposed of the appeal based on a cited division bench judgment.

What did the court decide?

Intervention application dismissed as unnecessary; interim order of 19.05.2023 vacated; appeal disposed based on cited judgment.

Delhi Building and Other Construction Workers… — Pension and Retirement Benefits | Delhi HC (2024)

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$~32

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- LPA 444/2023 & CM 53783/2024

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DELHI BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD .....Appellant Through: Mr Akhilesh Dixit, Advocate

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versus

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JAGDISH & ANR. .....Respondents Through: Mr Chirayu Jain and Mr Garvit Sharma, Advocates for R-1 and intervenor/ NCC-CL.

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CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL

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O R D E R % 13.09.2024

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[Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 53783/2024

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This is an application for intervention moved by the National Campaign Committee for Central Legislation on Construction Labour [in short “NCC-CL”] in the pending appeal.

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Mr Chirayu Jain, learned counsel, who appears on behalf of NCC-CL, on being queried, informs us that he has also been engaged by respondent no. 1/workman.

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We are, however, told that the intervention application was necessitated since representations filed by 64 workmen are pending consideration by the appellant/Board.

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Page 1 of 3

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LPA 444/2023

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 01:31:25

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We may note that learned counsel for the respondent no.1/workman says that the issue raised in the present appeal is covered by the judgment rendered by the division bench in Delhi Building and Other Construction Workers Welfare Board vs. Dulari Devi & Anr., 2024: DHC: 3436-DB.

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Given this position, in our view, intervention by NCC-CL will not further the cause of respondent no. 1/workman herein, since the same stand, which NCC-CL wishes to take, can be taken by learned counsel for respondent no. 1/workman.

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However, the appellant/Board will reconsider the pending representations of workmen, albeit as per law, in light of the judgment of the division bench referred to hereinabove or a decision of the Supreme Court as noticed hereafter.

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The intervention application is disposed of in the aforesaid terms. LPA 444/2023

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With the consent of the learned counsel for the parties, the appeal is taken up for hearing.

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Mr. Akhilesh Dixit, learned counsel, who appears for the appellant, does not dispute that the issue raised in the instant appeal is covered by the decision rendered in Delhi Building and Other Construction Workers Welfare Board vs. Dulari Devi & Anr., 2024: DHC: 3436-DB. 10. Mr Dixit, however, informs us that a Special Leave Petition [SLP] has been preferred against the said judgment which was listed yesterday, i.e., 12.09.2024, and now stands adjourned to next week.

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Given this position, the appeal is disposed of in terms of the aforementioned judgment with a caveat that the decision in the SLP would

Page 2 of 3

LPA 444/2023

bind the parties.

The directions issued in the aforementioned judgment of the division bench shall apply mutatis mutandis to the respondents herein.

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The date fixed in the matter, i.e. 20.09.2024, shall stand cancelled.

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Consequently, the interim order dated 19.05.2023 shall stand vacated.

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RAJIV SHAKDHER, J

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AMIT BANSAL, J

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SEPTEMBER 13, 2024 / PB

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Click here to check corrigendum, if any

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Page 3 of 3

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LPA 444/2023

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Delhi Building and Other Construction Workers Welfare Board v. Jagdish & Anr.

Case brief

What is this about?

What did the court decide?

Delhi Building and Other Construction Workers Welfare Board v. Jagdish & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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