Extracted from the PDF above. The PDF is authoritative.
2026:UHC:289 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/50/2026 WPMS/55/2026 Hon’ble Manoj Kumar Tiwari, J.
Mr. B.S. Koranga, Advocate for the petitioner.
2. Mr. Rahul Verma, Additional Advocate General for the State of Uttarakhand / respondent nos. 1, 3 & 4.
3. Mr. Rahul Consul, Advocate for respondent no. 2.
4. Since common questions of fact and law are involved in these petitions, therefore, these petitions are clubbed together and decided by this common
judgment. However, for the sake of brevity and convenience, facts of WPMS No. 50 of 2026 alone are being considered and discussed. 5. These writ petitions have been filed by persons, who are registered with Uttarakhand Building and Other Construction Workers Welfare Board. They are claiming benefit of a scheme flouted by the aforesaid Board, according to which, financial help is to be provided to construction workers, in case of death of mother of a construction worker. 6. According to the petitioner, he has made application for benefit of the scheme flouted by the Board. Since no decision has been taken on the application, therefore, petitioner has approached this Court seeking the following relief:-
2026:UHC:289
“i) To issue a writ order and direction in the nature of Mandamus directing and commanding the Respondents to consider the case of the petitioner for releasing Rs/- 30,0000/- in favour of the petitioner under the Building and other construction workmen (Regulation of employment and conditions of service) scheme without any technical objection.”
7. Mr. Rahul Consul, learned counsel appearing for respondent no. 2 submits that in the writ petition, the date of making application has not been mentioned. He further submits that the application seeking benefit of the scheme has to be made in a prescribed proforma, as provided in Rule 279 of the Uttaranchal Building and other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2005. Rule 279 of the aforesaid Rules is extracted below:-
“279. Application for Assistance on Death. (1) A nominee who is entitled to Death Assistance under this rule shall submit to the Secretary or any other officer authorised by him an application in Form No. XXXVII. A certificate regarding the death/accident death issued by a Government doctor shall be produced along with the application and other documents specified by the Board. (2) The Secretary or the officer authorised by him may on receipt of the application conduct an enquiry with regard to the eligibility of the applicant. (3) If the Secretary or the officer authorised by him is satisfied that the person who has applied for financial assistance is entitled for such assistance he may sanction the amount. (4) The sanctioning authority shall maintain a register for this purpose in Form No. XXXVIII.
(5) A person aggrieved by any decision taken under sub-rule (3) may file an appeal before the Board within sixty days from the date of receipt of the order under that sub-rule and the decision of the Board thereon shall be final.”
2026:UHC:289
8. Having regard to the facts of the case, the writ petitions are disposed of with liberty to the petitioners to make application(s) afresh in the prescribed proforma. If petitioners make such application(s) within two weeks from today, the competent authority in the Board shall take decision in the matter, as per law, within six weeks thereafter. (Manoj Kumar Tiwari, J.)
7.1.2026
Navin
NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df0 06da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA87 5643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.01.07 17:35:03 +05'30'