The High Court of Karnataka has termed as “appalling” the conduct of the officials of the Karnataka Building and Other Construction Workers’ Welfare Board for “keeping in cold storage” for 10 months, the applications by daughters of two construction labourers seeking release of a meagre amount from the Labour Welfare Fund for their college fees as per the norms.
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‘Unnecessary litigation’
“It is rather appalling that the officers fail to recognise the cup of woe of these poor families who make their living on a day-to-day basis. The amount sought would be far less than the travelling allowance or the dearness allowance that a person on the desk would earn, needed or not needed. The board ought not to have driven them to this unnecessary litigation, as the brunt of litigation cannot borne by the poor or the construction workers,” the court observed.
Justice M. Nagaprasanna made these observation in his interim order while directing the board to release ₹30,000 and ₹35,000 respectively for the two petitioner-girls for pursuing their LLB and MBA courses along with a cost of ₹25,000 each of them, who have knocked the doors of the court along with their parents, who are construction labourers.
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The petitioner-girls were entitled to ₹30,000 and ₹35,000 for LLB and MBA courses respectively as per a 2021 notification. However, the board has now stated that it would release only ₹10,000 and ₹11,000 respectively in terms of the new notification issued in 2023.
Cannot deny higher sum
Disagreeing with the board’s decision, the court said that the board cannot deny the higher financial assistance to them as per the norms existing when they had submitted their applications.
The petitioners are entitled for higher financial assistance as per the 2021 notification, as the petitioners are not at fault, the court said, while noticing that the board has ₹8,200 crore fund generated through collection of Building and Other Construction Workers’ Welfare Cess.