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2025 DAILYLAW 128367 (ALL)

NISHA DEVI v. U.P. BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD THRU. CHAIRMAN AND 3 OTHERS

WRIC/2589/2024 · 2025-09-18

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 2589 of 2024 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the petitioner and Shri Rishi Raj, learned Standing Counsel. 2. The present petition has been filed by the petitioner challenging the order dated 28.02.2024, whereby the application of the petitioner for grant of compensation made before the authority constituted under the scheme known as U.P. Building and other Construction Workers Welfare Board was rejected mainly on the ground that the husband of the petitioner died while he was working in a factory at Delhi and as such, he was not the worker covered by the scheme made for building and other construction workers. 3. No error can be found in view of the fact that admittedly the husband of the petitioner died on 13.01.2022 when he was working at a factory in Bawana, Delhi. 4. As the proper remedy for the petitioner is available to apply for the compensation under the Employee's Compensation Act, 1923 and in terms of Employee's Compensation (Venue of Proceedings) Rule, 1996, she can prefer a claim even at the place, where the dependents are residing, i.e., Sultanpur. 5. The present petition is disposed of permitting the petitioner to prefer a claim before the Commissioner at Sultanpur. In case, such an application Versus Counsel for Petitioner(s) : Dinesh Kumar Tiwari Counsel for Respondent(s) : C.S.C. Nisha Devi .....Petitioner(s) U.P. Building And Other Construction Workers Welfare Board Thru. Chairman And 3 Others .....Respondent(s) is filed within a period of three months from today, the same shall be entertained and shall not be dismissed on the ground of limitation as the petitioner was pursuing her remedies before the separate forum. In case such a claim is filed, the same shall be disposed of with all expedition, preferably within a period of six months from the same being filed. September 18, 2025 Ashutosh WRIC No. 2589 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench