Uttarakhand High Court

Registered construction workers' dependents are entitled to statutory death benefits under BOCW Act welfare schemes.

VIMLESH vs STATE OF UTTARAKHAND

Uttarakhand High CourtJUDGMENT: March 17, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, Anuj Kumar Rastogi, is the son of late Rajendra Kumar, who was a registered labourer with the Uttarakhand Building and Other Construction Workers Welfare Board (Registration No. 050302799331660)

Source reference: para. 2

The petitioner’s father died a natural death on October 17, 2025

Source reference: para. 3

Under a welfare scheme established pursuant to the Building and Other Construction Workmen (Regulation of Employment and Conditions of Service) Act, 1996, nominees of deceased registered workers are entitled to financial assistance

Source reference: para. 3

The petitioner claimed a sum of Rs. 3 lakhs for the natural death of his father, relying on Para 4 of the welfare scheme

Source reference: para. 4

While the petitioner asserted that an online application had been moved, Respondent No. 2 contended that the date of application was not disclosed in the writ petition

Source reference: para. 5

Five similar petitions involving common questions of law and fact were clubbed together for disposal

Source reference: para. 1
02

Issues

Whether the dependents of a deceased registered worker are entitled to financial assistance under the Building and Other Construction Workmen (Regulation of Employment and Conditions of Service) Act, 1996, and the welfare schemes framed thereunder

Source reference: para. 3-4

Whether the petitioner followed the requisite procedure for claiming the benefit and what directions are necessary to resolve the procedural dispute

Source reference: para. 5-6
03

Law Applied

The Court applied the provisions of the Building and Other Construction Workmen (Regulation of Employment and Conditions of Service) Act, 1996, and the associated government welfare schemes

Source reference: para. 3

Under these regulations, a registered worker’s nominee is entitled to Rs. 3 lakhs in the event of a natural death and Rs. 5 lakhs if the death occurs during the course of work

Source reference: para. 3
04

Reasoning

The Court examined the petitioner’s status as a dependent of a registered construction worker and the applicability of the 1996 Act’s welfare provisions

Source reference: para. 2-3

It noted that the petitioner sought Rs. 3 lakhs based on his father’s natural death, a claim supported by the documents produced

Source reference: para. 4

Addressing the dispute raised by Respondent No. 2 regarding the application filing, the Court found it necessary to "cut short the controversy" rather than adjudicate on the validity of the previous online application

Source reference: para. 6

The Court reasoned that since the scheme prima facie entitles the petitioner to the benefit, a directed procedural step (filing an offline application) would ensure administrative verification and timely disbursement

Source reference: para. 6
05

Holding

The Court held that the petitioner is entitled to the claimed amount subject to verification by the authorities

It directed the petitioner to submit an offline application to Respondent No. 2 within ten days

Source reference: para. 6

Respondent No. 2 was ordered to decide the application and verify legal entitlement within a period of three months

Source reference: para. 6

All connected writ petitions were disposed of with identical directions

Source reference: para. 7
Uttarakhand High Court

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VIMLESHvsSTATE OF UTTARAKHAND

Uttarakhand High Court · March 17, 2026

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