WP(C)/24312/2026 of RASMITA JENA Vs STATE OF ODISHA on 7 August 2026

ORDER

07.08.2026 Hybrid Mode

01. 1. Heard the learned counsel for the petitioner.

2. The petitioner has stated to be the wife of deceased construction worker who was registered as a construction worker on 04.02.2020, passed away on 01.12.2023 at Sabaramati General Hospital, Cuttack. She submits that she is entitled for monetary benefit under the notification dated 30.05.2019, i.e., Rule framed under Section 62 read with Section 40 of the Odisha Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Amendment Rules, 2019.

3. The learned counsel relies on the amended Rule 271 (1) which states thus:

“(1) The Board may sanction an amount of Rs.2,00,000/- (rupees two lakh) to the nominees of beneficiary towards normal death benefit.

If death is caused due to an accident during the course of employment, the nominee of the beneficiary shall be given financial assistance to the tune of rupees 4,00,000/- (rupees four lakh) towards death benefit. Payment of death benefit under this rule shall be made by the Board if the membership of the registered beneficiary has not ceased under sub-rule (3) of rule 267 on the date of death and there is no Group Insurance Scheme for the building worker/registered beneficiary undertaken by the Board with an Insurance Company. If Group Insurance is taken up by the Board as per rule 274, death benefit as envisaged in this rule may not be applicable.”

4. It is submitted that the petitioner has represented by making an application dated 17.12.2025 to the Joint Labour Commissioner, Buxi Bazar, Cuttack, Odisha with copy marked to the Collector, Kendrapara and the District Labour Officer, Kendrapara.

5. It is submitted by the learned counsel for the petitioner that the petitioner instead of pursuing the writ application seeks disposal of it with a direction to the authority to consider her representation in accordance with law and take a decision on the same.

6. Learned Additional Government Advocate in response submits that the authority shall act in accordance with law and take a decision in the matter as expeditiously as possible.

7. Having heard learned counsel for the petitioner and learned Additional Government Advocate for the State it is directed that the petitioner shall approach the authority along with copy of the representation dated 17.12.2025 and all other earlier representations, relevant papers, documents sought to be relied upon by the petitioner and certified copy of this order.

The authority shall do well to consider the grievance of the petitioner, pass appropriate order in accordance with law as expeditiously as possible and take necessary further steps if the petitioner is entitled to any benefit.

8. It is further observed that this Court has not expressed any opinion regarding the merits of the claim of the petitioner and the contentions of the partis to the writ petition.

9. The writ petition is disposed of with the aforesaid observations and directions.

(Mruganka Sekhar Sahoo)

Judge

Gs/Radha Digitally Signed Signed by: GAGAN BIHARI SAMAL Reason: Authentication Location: ohc Date: 11-Aug-2026 20:50:32 Signature Not Verified