Construction worker awaits financial assistance even after 5 years of daughter's marriage, Delhi HC issues notice
May 28, 2022
New Delhi [India], May 28 : The Delhi High Court on Friday issued notice to the Delhi Building and Other Construction Workers Welfare Board (DBOCWWB) on a plea of a construction worker who had applied for financial assistance for their daughter's marriage in 2017.
It is stated that the petitioner is still waiting for the disposal of his application, even after five years of his daughter's marriage. It is alleged that now Board officials are demanding the marriage certificate of his daughter for disposal of his application which is in violation of the Board's own rule.
Justice Yashwant Varma issued notice to Board and other respondents in a plea of Banwari Lal. The court has listed the matter for hearing on September 5, 2022.
The petitioner moved the plea through Advocate Chirayu Jain who stated that the Board provides financial assistance to construction workers for the marriage of family members under Rule 282 of Delhi Construction and Other Construction Workers Rules 2002. The petitioner had applied for financial assistance for his daughter's marriage in 2017.
Advocate Shyel Trehan, counsel for the petitioner argued that the Board's officials have not taken any decision on the application of the petitioner even after a lapse of five years. Now they are insisting on a marriage certificate which is in contravention of the Board's Rules.
It is argued that nowhere in Building and Other Construction workers (BOCW) Act and Delhi BOCW Rules is mentioned that the claim application cannot be processed in absence of a copy of the marriage certificate.
The petition stated that Board's officials on 14 October 2021 issued a letter in pursuance of an order passed by the Delhi High Court on 27 April 2020 in another matter for disposal of all pending applications for financial assistance. Officials asked the petitioner to produce a copy of the marriage certificate as proof of marriage.
The petition submitted that after receiving the said letter the petitioner on 26 October 2021 filed all the documents including the marriage card and photographs as proof of marriage.
The counsel argued that now Board's officials demanding for daughter's marriage certificate which is in contravention of the Board's own rule. The said rule provides that the official will not insist on a marriage certificate for disposal of the application.
