WPMS/2458/2021
2021 Latest Caselaw 4732 UK

IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
     ON THE 24TH DAY OF NOVEMBER, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       Writ Petition (M/S) No. 2458 of 2021

BETWEEN:

Prem Pal.                                  ..........Petitioner
     (By Mr. B.S. Koranga, Advocate)

AND:
State of Uttarakhand & others.             .....Respondents
     (By Mr. M.S. Bisht, Brief Holder for the State of
     Uttarakhand and Mr. Pankaj Chaturvedi, Advocate for
     respondent no. 2)


                     JUDGMENT

Petitioner claims to be dependent of a workman, who was registered with Uttarakhand Building & other Construction Workers Welfare Board.

2. Since the workman concerned has died, therefore, petitioner has applied for benefits available to dependents of construction workers under the provisions of Building & other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. As no decision has been taken on petitioner's application by the Competent Authority in the Board (respondent no. 2), therefore, petitioner has approached this Court, seeking a direction to the Competent Authority, to release the monetary

benefits admissible as per the scheme formulated by respondent no. 2.

3. Learned counsel for respondent no. 2 submits that as per his instructions, petitioner had not furnished all requisite documents with his application. He, therefore, submits that if petitioner makes fresh application with supporting documents, including Registration Certificate with the Board, Aadhar Card, Ration Card, evidence to establish relationship with the deceased workman, etc., then the Competent Authority shall examine petitioner's claim and pass an appropriate order, as early as possible.

4. Accordingly, the writ petition is disposed of with liberty to petitioner to make fresh application, with supporting documents, to respondent no. 2. If petitioner makes such application within three weeks from today, the Competent Authority shall examine petitioner's claim and pass appropriate order, in accordance with law, as early as possible, but not later than eight weeks from the date of production of certified copy of this order along with application.

(MANOJ KUMAR TIWARI, J.) Navin