High Court · 2025

1. Mr. learned counsel for t he pet it ioner ( t hrough V.C.) . 2. Mr. Rahul Consul, learned counsel for respondent no. 1. 3. Mr. Devesh Ghildiyal, learned St anding Counsel for respondent nos. 2 and 3. 4. Secret ary, proceeding t hrough V.C. t he 5. t he inst ant pet it ioner is challenging t he order dat ed 03.09.2020 whereby t he claim of t he paying pet it ioner including last rit ual expenses t o t he pet it ioner on account of deat h of her husband was denied and rej ect ed. I n brief, fact s of t he case are t hat 6. t he Lat e Dharm endra who died on 24.05.2019 was regist ered wit h Ut t arakhand Building and Ot her Const ruct ion Labour Welfare Board, in support of which Annexure no. 1 is appended in t he pet it ion from which it reveals t hat t he pet it ioner ’s husband regist ered 30.03.2019. The claim of t he pet it ioner was rej ect ed by im pugned dat ed 30.09.2020 on t he ground t hat t he pet it ioner applicat ion wit hin st ipulat ed period of six m ont hs t o be com put ed from t he dat e of deat h. 7. The rej ect ion has been challenged by t he pet it ioner on t he ground t hat t he st ipulat ed period is in fact one year from t he t he dat e of deat h and since pet it ioner ’s t he order subm it t ed husband Board wit h t he t he t hat since, pet it ioner subm it t ed

30.03.2019 applicat ion was t he st ipulat ed period pet it ioner ’s husband died on 24.05.2019 t he applicat ion on 30.01.2020, t herefore, t he applicat ion subm it t ed by t he pet it ioner was well w it hin t he st ipulat ed period of t he order one year, and as such, t he im pugned cannot sust ain, since, applicat ion was rej ect ed m erely on t he ground subm ission m ont hs. 8. The respondent s filed t heir count er affidavit s and respondent no. 1 in para 4 of t he count er affidavit adm it t his fact t hat t he husband of t he pet it ioner was regist ered having regist rat ion no. 05070390599969 and a furt her st at em ent has been given t hat t he husband of t he pet it ioner expired on 24.05.2019 and pet it ioner subm it t ed t he applicat ion on 30.01.2020 before t he Labour Enforcem ent Officer, Rishikesh t he pet it ioner was not subm it t ed wit hin st ipulat ed six m ont hs, t herefore, her claim was rej ect ed. The ot her st and t aken by respondent no.1 is t hat t he regist rat ion of t he husband of t he pet it ioner was not properly done as t he dat a of t he pet it ioner ’s husband was not ent ered in t he record of t he Board. 9. Be t hat as it m ay, it is not t he case of t he respondent t hat regist rat ion of t he dat ed t he husband 30.03.2019 forged one, and only st and t aken by t he respondent is t hat said regist rat ion is not properly done since biom et ric dat a of t he deceased is not on record and t he sam e st and has been t aken by t he rem aining respondent and only on t his count t he claim of t he pet it ioner was denied. 10. So far rej ect ing t he claim on t he t he applicat ion was not ground subm it t ed wit hin st ipulat ed t he applicat ion of t he biom et ric of pet it ioner period t im e t hat t he pet it ioner t herefore, respondent t he part ies, is not sust ainable, concerned, sam e since, adm it t edly as per t he cont ent ion t he period was ext ended subsequent ly. t he argum ent s of 11. Aft er hearing learned counsel t his Court is of t he view t hat t he claim of t he pet it ioner was wrongly denied since t he period was already ext ended from six m ont hs t o one year and furt herm ore t he husband of t he pet it ioner was regist ered t hough, not properly on 30.03.2019, regist ered, ent it led t o get t he financial aid along wit h ot her expenses and since t here is delay on t he part of t he respondent s, t herefore, t he pet it ioner is ent it led t o get int erest on delayed paym ent also. I t is also inform ed t o t he Court t hat pet it ioner is having four children. 12. Accordingly, allowed. The order im pugned dat ed is hereby quashed. The 30.09.2020 respondent s are direct ed t o disburse t he am ount of financial aid, as adm issible, int erest on delayed along wit h 12% paym ent t o be com put ed from t he dat e when t he pet it ioner is ent it led. 13. The Secret ary t o t he Board subm it s t hat wit hin short period t he am ount will be disbursed. I t is m ade clear t hat t his order will 14. not be t reat ed as precedent in ot her m at t ers. t he writ pet it ion ( Ra k e sh Th a p l i y a l , J.) 3 0 .0 4 .2 0 2 5 Parul