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2025 DAILYLAW 164732 (ALL)

RAMA RAWAT AND 5 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. LABOUR DEPTT. LKO. AND 6 OTHERS

WRIC/9110/2025 · 2025-09-18

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9110 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State, and Shri Jogendra Nath Verma, Advocate, who appears for the opposite parties No. 2 and 3. 2. The present petition has been filed petitioners, who are six in numbers, claiming entitlement to benefits under the "Nirman Kamgar Death, Disability Assistance and Disability Pension Scheme." This new scheme was created by integrating and amending the prior "Nirman Kamgar Death and Disability Assistance Scheme" and "Disability Pension Scheme." The scheme, a welfare measure of the Wage Workers Development Board, was formulated under the Employees Compensation Amendment Act, 2009. The detailed application procedure is prescribed in Clause 5(d) of the scheme. The petitioners claim to have applied within the prescribed time, as is evident from the application on page no.83 of the petition. 3. It is stated that the required Aadhaar verification steps could not be completed, as is evident from the document dated 24.06.2022, a letter from the Labour Officer to the Trade Union Council. Despite the petitioners' timely application, the benefits of the scheme have not yet been extended. In light of the above statement, instructions were called for. The learned Standing Counsel produced the instructions, which are taken on record. It is stated that with effect from 05.05.2022, applications can only be filed online. However, it is admitted that prior to 05.05.2022, applications could be filed both online and offline. 4. Considering the documents on record and the fact that all the applications were filed prior to 05.05.2022 in the given format, it was thereafter the duty of the respondents to upload the same for processing, which could not be done on account of non- verification of Aadhaar, which cannot be attributed to the fault of the petitioners. As the scheme in question is a welfare scheme, the opposite party no. 5 is directed to Versus Counsel for Petitioner(s) : Sharad Nandan Ojha, Adesh Kumar Yadav, Akhand Pratap Singh Counsel for Respondent(s) : C.S.C. Rama Rawat And 5 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Labour Deptt. Lko. And 6 Others .....Respondent(s) ensure that all the applications filed by the petitioners, as contained from page no. 83 onwards of the petition, are processed and the compensation is awarded as per their entitlement within a period of three months from today, positively. Any technical error that comes in the way shall be resolved by respondent no. 3 or respondent no. 5." 5. With the aforesaid observation, this petition is disposed of. September 18, 2025 Haseen U. WRIC No. 9110 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench