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. 2The petitioner’s father died a natural death on October 17, 2025
Source reference: para. 3Under 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. 3The 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. 4While 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. 5Five similar petitions involving common questions of law and fact were clubbed together for disposal
Source reference: para. 1Issues
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. 3-4Whether the petitioner followed the requisite procedure for claiming the benefit and what directions are necessary to resolve the procedural dispute
Source reference: para. 5-6Law 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. 3Under 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. 3Reasoning
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. 2-3It 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. 4Addressing 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. 6The 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. 6Holding
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. 6Respondent No. 2 was ordered to decide the application and verify legal entitlement within a period of three months
Source reference: para. 6All connected writ petitions were disposed of with identical directions
Source reference: para. 7Original Court PDF
VIMLESHvsSTATE OF UTTARAKHAND
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