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“If genuine persons have offered themselves for employment under the provisions of the Act of 2005 then they are entitled to disbursement of wages,” the court said.
The Calcutta High Court has sought report from the Central government regarding wages not being released for genuine workers under the Mahatma Gandhi National Rural Employment Guarantee Scheme.
A division bench of Chief Justice T.S. Sivagnaman and Justice Hiranmay Bhattacharya instructed the Centre and the state to produce "concise" affidavits on the current status of fund released under this programme by June 20, with opposing affidavits due by June 27.
The directive was issued by the court while hearing a PIL demanding the immediate delivery of MGNREGA funding by the Centre for salary, material costs, and allowances for rural labour.
By an order dated May 09, 2022, the Central Government under Section 27 of the Act of 2005 stopped the release of funds for wage, material and administrative component under the said scheme and further directed that the fund transfer order for wage payment generated from the date of the order will be paid by the State Government from its own resources.
Paschim Banga Khet Mazdoor Samity filed a public interest litigation seeking issuance of a writ of mandamus to direct the respondent authorities to forthwith release payments and wages to the workers in the State to the tune of Rs.276484.47 lakhs along with statutory interest @ 0.05% of the unpaid wages per day of delay for the workers who have worked under the schemes of Mahatma Gandhi National Rural Employment Guarantee Act, 2005 and who have not received their wages since December 2021.
Through the plea, they also sought to carry out necessary fact-finding as to the amount of wages remaining due and payable in their respective districts.
Earlier, Paschim Banga Khet Mazdoor Samity had also filed a PIL before the bench of Justice Rajasekhar Mantha asking for permission to hold a 12-day sit-in protest at Kolkata's Sahid Minar Grounds due to non-payment of wages and non-commissioning of their work.
Assistant Advocate General appearing for the State said that a fresh Action Taken Report had already been submitted by the State Government on February 02, 2023, containing all the relevant details and annexures.
He also relied on the case of Swaraj Abhiyan Vs. Union of India & Ors. which explains as to how the system called the National Electronic Management System has been put in place and the said system has been brought into effect in the State of West Bengal with effect from 2017.
“If genuine persons have offered themselves for employment under the provisions of the Act of 2005 and they are entitled for disbursement of wages,” the court added while directing the central government.
Further, the court directed the State government as well to indicate in their affidavit as to whether the State Government has complied with the mandate under Section 19 of the Act of 2005 which deals with the grievance redressal mechanism and the State Government.
The court listed the matter in July 2023.
Case Title: Paschim Banga Khet Mazdoor Samity & Anr. vs. The State of West Bengal & Ors
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