Rc Paswan Vs Delhi Builing and Other Construction… — Writ and Judicial Review | Delhi HC (2025)

Rc Paswan Vs Delhi Builing and Other Construction… — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with directions to the respondent to decide the application dated 30.01.2023 under Rule 273(1) of the Delhi BOCW Rules and the representation dated 06.05.2025 by way of speaking order within 4 weeks after personal hearing to the petitioner; liberty reserved to challenge any grievance before competent jurisdiction; monetary claim not adjudicated.

Issue for consideration

Whether the respondent Board ought to be directed to sanction the petitioner's pension and release pensionary dues with 10% per annum interest from 31.12.2022 onwards, amounting to Rs. 1,02,765/-.

Court's answer

The respondent shall decide the petitioner's application dated 30.01.2023 under Rule 273(1) of the Delhi BOCW Rules and the representation dated 06.05.2025 by way of a speaking order within a period of 4 weeks, after giving personal hearing to the petitioner.

Ratio / Principle

In case of any grievance, the petitioner is at liberty to challenge the same in accordance with law before the Court of competent jurisdiction.

Key takeaways

Pending applications, if any, also stand disposed of.ratio¶25

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution of India and Section 22(1)(B) of the Building and Other Construction Workers Act, 1996 by a construction worker seeking a mandamus directing the Delhi Building and Other Construction Worker Welfare Board to sanction his pension and release pensionary dues of Rs. 1,02,765/- with 10% per annum interest from 31.12.2022 onwards. Respondent's counsel, appearing on advance notice, submitted that the petitioner's application dated 30.01.2023 under Rule 273(1) of the Delhi BOCW Rules and the representation dated 06.05.2025 would be decided by speaking order. The Court disposed of the petition directing the respondent to pass a speaking order within 4 weeks after giving personal hearing to the petitioner, with liberty to challenge any grievance before the competent jurisdiction. Merits of the pension claim were not adjudicated.

$~96

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 12390/2025&CM APPL. 50554/2025

RC PASWAN .....Petitioner

Through: Ms. Rudrakshi Deo, Mr. Chirayu Jain, Advs.

versus

DELHI BUILING AND OTHER CONSTRUCTION WORKER WELFARE BOARD .....Respondent Through: Mr. Abhay Dixit, Mr. Harish Plaha, Ms. Kanika Chopra, Advs.

CORAM: HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 18.08.2025

This hearing has been done through hybrid mode.

The present writ petition under Article 226 of the Constitution of India

and under Section 22(1)(B) of the Building and Other Construction Workers Act, 1996 has been filed seeking the following prayers: -

“A. Issue a writ of Mandamus or any other appropriate writ order or direction in the nature of a writ directing the Respondent to sanction the pension and release the pensionary dues of the Petitioner with 10% per annum from the date when the pension was liable to be paid (31.12.2022 onwards) amounting to Rs. 1,02,765/( ANNEXURE P-12 ).

B. Direct the Respondent to pay costs;

C. Pass any other order or direction as may be deemed fit.”

Learned counsel appearing on behalf of the respondent, who appears

on advance notice, submits that the application dated 30.01.2023 under Rule

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 22/08/2025 at 12:31:40

273(1) of the Delhi BOCW Rules as well as representation in pursuance of the said application dated 06.05.2025 shall be decided by way of speaking order within a period of 4 weeks from today after giving personal hearing to the petitioner.

In view of the above, the present petition is disposed of with the directions that the aforesaid application as well as the representation be decided by the respondent by way of speaking order within a period of 4 weeks from today after giving personal hearing to the petitioner.

In case of any grievance, the petitioner will be at liberty to challenge the same in accordance with law before the Court of competent jurisdiction.

With the aforesaid directions the petition stands disposed of.

Pending applications, if any, also stand disposed of.

AMIT SHARMA, J

AUGUST 18, 2025/ kr

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 22/08/2025 at 12:31:40