Munni Lal v. Arun Kumar Jha

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 547/2024 MUNNI LAL .....Petitioner Through:

Mr. Chirayu Jain, Advocate.

versus ARUN KUMAR JHA .....Respondent Through:

Mr. Aabhay Dixit, Advocate.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 11.09.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition under Section 12 of the Contempt of Courts Act seeks following prayers:- "a. Hold Contemnor in contempt for having deliberately not complied with the order dated 06.11.2023 in Munni Lal v. Delhi Building and other Construction Workers Welfare Board, WP( C) 14404 of 2023; b. Initiate contempt proceedings and punish Contemnor by the provisions of the Contempt of Courts Act, 1971 for deliberately and wilfully disobeying the order dated 06.11.2023 in Munni Lal v. Delhi Building and other Construction Workers Welfare Board, WP( C) 14404 of 2023;

Pass any other order or grant any other relief as it may deem fit." 3.

Vide order dated 06.11.2023 in W.P.(C) 14404/2023, learned Coordinate Bench of this Court, passed the following directions:- "7. In view of the same, impugned order dated 11th August, 2023 is set aside and the writ petition 1s allowed directing the respondent to consider within 6 weeks the petitioner's case for pension in terms of directions issued in Dulari Devi (supra).

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8. However, it remains subject to any further orders which maybe passed by the Division Bench in LPA no. 372/2023.

9. The petition is disposed of in the aforesaid terms.

10. Learned counsel for the petitioner seeks costs against the respondent Board considering that the decision was passed pursuant to specific orders being passed by this Court. In view of the same and considering the economic status of the petitioner, costs of Rs.15,000/- are awarded in favour of the petitioner which may be disbursed within a period of 4 weeks from today.

11. Learned counsel for the petitioner has drawn attention of this Court that the wife of the petitioner has passed away on 28th February, 2023 and therefore, the petitioner is also entitled to family pension under prevailing rules of the Building and Other Construction Workers Welfare Board Act, 1996 along with arrears and penal interest. The respondent Board shall consider this prayer within the same time period as prescribed in para 7 above, on the basis of applicable provisions of the Act/Rules."

4.

A compliance affidavit dated 04.12.2024 has been filed on behalf of respondent No. 1, wherein it has been recorded as under: - "3. In compliance with the said order, the Respondent has duly released the pensionary benefits of the Petitioner ViaUTR No.

MAHB24331015139. The copy of the Sanction Order is annexed herewith as Annexure A.

4. The pensionary benefits granted to the aforementioned Petitioner have been processed in accordance with the judgment of Dulari Devi vs. Delhi Building and Other Construction Workers Welfare Board & Anr. It is crucial to clarify that these benefits are specific to the aforementioned Petitioners and should not be interpreted as establishing a precedent or mandating a general change in the pension eligibility criteria to one year of membership. Though the order dated 16.10.2024 of this Hon'ble Court is complied but the Respondent is seeking liberty to take proper legal recourse in case the Dulari Devi Judgement is reversed." The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

It is submitted that pensionary benefits have since been released to the petitioner.

6.

Learned counsel appearing on behalf of the petitioner confirms the aforesaid, however, it is pointed out that directions contained in paragraph 11 of the order dated 06.11.2023 in W.P.(C) 14404/2023 with respect to release of death and funeral benefits have not been complied with. 7.

Learned counsel appearing on behalf of the respondent submits that, in case the petitioner has moved appropriate application with regard to the aforesaid, the said application would be processed within a period of 4 weeks under due intimation to the petitioner in accordance with law. 8.

In case the application has not been filed, the petitioner is at liberty to file the same and upon filing of the same, the said application shall be processed within a period of 4 weeks.

9.

In case of non-compliance, the petitioner will be at liberty to revive the present petition in accordance with law.

10.

With the aforesaid directions, the present petition is disposed of. 11.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J SEPTEMBER 11, 2025/sn The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.