Disposed

Tejram v. State of Uttarakhand

Uttarakhand HC15 Mar 2023WPMS/446/2023

Case brief

AI extract

What is this about?

Writ petitioner, husband of a deceased construction worker, sought release of benefits under the BOCWS Act, 1996 scheme. The court disposed of the petition by granting liberty to make a fresh application with documentary evidence, directing the competent authority to examine the claim and decide within six weeks.

What did the court decide?

Petitioner granted liberty to make a fresh application with all relevant documents; competent authority directed to examine claim and decide within six weeks.

SL. No	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGES’S ORDERS
			WPMS No. 446 of 2023 Hon’ble Man oj Ku m ar Tiw ar i, J. Mr. B.S. Koranga, learned counsel for the petitioner. Mr. Suyash Pant, learned Standing Counsel for the State. Petitioner’s wife late Smt. Nanhi Devi was registered as construction worker with the Department of Labour, Bhawan Evam Anya Sannirman Karmkar Kalyan Board, Dehradun Uttarakhand, who died on 01.05.2021. A copy of the Registration Certificate is on record as Annexure No. 1, while copy of the Death Certificate is annexed as Annexure No. 3 to the writ petition. According to the petitioner, he is entitled to certain benefits under the Scheme framed under Building and Other Construction Workmen (Regulation of Employment and Conditions of Service) Act, 1996, for which, he has made necessary application, however, no decision has been taken on her application. In this writ petition, petitioner has sought the following reliefs: - i. To issue a writ, order and direction in the nature of Mandamus directing and commanding the Respondents to

SL.
No

Date

Office Notes,
reports, orders or
proceedings or
directions and
Registrar’s order
with Signatures

COURT’S OR JUDGES’S ORDERS

WPMS No. 446 of 2023
Hon’ble Man oj Ku m ar Tiw ar i, J.
Mr. B.S. Koranga, learned counsel for
the petitioner.
Mr. Suyash Pant, learned Standing
Counsel for the State.
Petitioner’s wife late Smt. Nanhi Devi
was registered as construction worker with
the Department of Labour, Bhawan Evam
Anya Sannirman Karmkar Kalyan Board,
Dehradun
Uttarakhand,
who
died
on
01.05.2021. A copy of the Registration
Certificate is on record as Annexure No. 1,
while copy of the Death Certificate is
annexed as Annexure No. 3 to the writ
petition.
According to the petitioner, he is
entitled
to
certain
benefits
under
the
Scheme framed under Building and Other
Construction
Workmen
(Regulation
of
Employment and Conditions of Service) Act,
1996, for which, he has made necessary
application, however, no decision has been
taken on her application.
In this writ petition, petitioner has
sought the following reliefs: -
i.
To issue a writ, order and direction in
the nature of Mandamus directing and
commanding
the
Respondents
to

consider the case of the petitioner for
releasing Rs. 30,0000/ - in favour of the petitioner under the Building and other construction workmen (Regulation of employment and conditions of service) scheme without any technical objection. ii. To issue any other writ, order or direction, which this Hon’ble High Court may deem fit and proper in the facts and circumstances of the case. iii. To award cost of the petition to the petitioner. Having regard to the facts of the case,
writ petition is disposed of with liberty to the petitioner to make fresh application with
all relevant documents, including
Registration Certificate with the Board, his
Aadhar Card, Ration Card, evidence to establish relationship with the deceased
workman etc. If petitioner makes such application with necessary documents, the
Competent Authority/ Respondent no. 2
shall examine petitioner’s claim and pass
appropriate order, as per law within six
weeks from date of making such application with certified copy of this order. ( Man oj Ku m ar Tiw ar i, J.) 15.03.2023 PR/ PN

consider the case of the petitioner for

releasing Rs. 30,0000/ - in favour of
the petitioner under the Building and
other
construction
workmen
(Regulation
of
employment
and
conditions of service) scheme without
any technical objection.
ii.
To issue any other writ, order or
direction,
which
this
Hon’ble
High
Court may deem fit and proper in the
facts and circumstances of the case.
iii.
To award cost of the petition to the
petitioner.
Having regard to the facts of the case,

writ petition is disposed of with liberty to
the petitioner to make fresh application with

all
relevant
documents,
including

Registration Certificate with the Board, his

Aadhar Card, Ration Card, evidence to
establish relationship with the deceased

workman etc. If petitioner makes such
application with necessary documents, the

Competent Authority/ Respondent no. 2

shall examine petitioner’s claim and pass

appropriate order, as per law within six

weeks from date of making such application
with certified copy of this order.
( Man oj Ku m ar Tiw ar i, J.)
15.03.2023
PR/ PN

Tejram v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Tejram v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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