W.P.(C) 2619/2020
RASHTRIYE BHAWAN NIRMAN SANGH v. DELHI BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD (LABOUR DEPARTMENT) THROUGH SECRETARY.
The Petitioner (Rashtriye Bhawan Nirman Sangh), a trade union, sought the release of incentives in terms of the Incentive Scheme, which was floated by the Respondent- Delhi Building and Other Construction Workers Welfare Board for motivating the Trade Unions to register the genuine construction workers.
FACTS OF THE CASE
The said scheme was to incentivize the registration of construction workers. This was renewed by the Board through its order of 30th October, 2015 bearing No. F.17(325)/DBOCWWB/2015/2770.
The Petitioner contended that it has made a total of 9 applications for the release of incentives, which have not been processed and the incentives have not been released.
Subsequently, in the 33rd Meeting of the Board on 15th December, 2017, a decision was taken to discontinue the said incentive scheme.
The Petitioner claimed that it was entitled for incentives for at least the period during which the incentive scheme was in operation.
The Respondent contended that it has been able to trace only four applications of the Petitioner and the remaining were not traceable.
Subsequently, in the Board’s meeting of 3rd September, 2021, the trade union members were requested to provide the copy of the incentive claim applications which were submitted in the district offices, so that the applications could be processed for the above stated reasons.
Ld. Counsel appearing for the Respondent contended that despite the above assurance, the applications had not been provided by the Trade Unions.
JUDGEMENT
The Court stated that there arose no dispute about the fact that the incentive applications which were filed during the period when the incentive scheme was in operation. The incentives would have to be processed and disbursed as per the terms of the scheme.
The Court directed that the Board should process the four applications, which have been traced expeditiously and the applicable incentive required to be released in terms of the scheme within a period of 3 months.
With respect to the remaining applications the Court stated that the Petitioner could approach the Secretary of the Board within a week and submit the details of the remaining applications. After processing of the applications, the Board should consider the matter and release the applicable incentives.
Thus, disposing the petition with all pending applications.
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JUDGEMENT REVIEWED BY ADITYA G S.
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