Calcutta HC Directs Central And State Govt To File Concise Affidavits In PIL Seeking Release Of Wages Under MGNREGA

Considering that an inquiry is necessary so that the persons, who have actually worked are not denied the wages for the labour, which they have contributed, a bench of Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya observed, “ If in the opinion of the Central Government there has been misappropriation of funds and the actual beneficiaries have not been benefited, as it is alleged by the petitioner in W.P.A.(P) 555 of 2022 that job cards have been issued in the names of persons, who are not living in the villages and are even gainfully employed in private organizations and it is also alleged that dummy bank accounts have been opened to receive the payments for the fictitious job etc, the endeavour of the authority should be to separate the chaff from the grains. If genuine persons have offered themselves for employment under the provisions of the Act of 2005 and they have satisfactorily completed the work, then it goes without saying that those employees and workmen are entitled for disbursement of wages in accordance with the provisions of the Act and the Schemes framed thereunder”.

Advocate Bikash Ranjan Bhattacharya appeared for the petitioner, Dy. SGI Billwadal Bhattacharya appeared for Union of India, and AAAG Samrat Sen appeared for the State.

In the petition, the Paschim Banga Khet Mazdoor Samity sought directions to 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 the statutory interest @ 0.05% of the unpaid wages per day of delay beyond the sixteenth day of closure of muster roll, who have worked under the scheme and did not received their wages since December, 2021.

The petition also sought directions to immediately start the implementation of the scheme within the State of West Bengal and to carry out necessary fact finding as to the amount of wages remaining due and payable in their respective districts.

It is pertinent to note that before the present petition was filed, the Central Government by an order dated March 9, 2022, under Section 27 of the Act of 2005 stopped the release of funds under Wage, Material and Administrative Component and directed that the Fund Transfer Order for wage payment generated from the date of the order dated March 9, 2022 to be paid by the State Government from its own resources. Further that it will be continued till necessary compliance with reference to the direction issued in paragraph 10 (i) of the said order is complied with by the State Government.

However, the State Government sought the order to be revoked and further asked for a direction to the Central Government to consider its detailed report dated February 2, 2023 instead.

Therefore, the court after taking due note of the facts and circumstances directed:

-the Central Government to respond by specifically stating as to what is the decision taken on the Action Taken Report submitted by the State Government dated February 2, 2023

- the State Government to show why a direction should not be issued to direct to implement the directions of the Central Government issued in paragraph 10(ii) of the order dated March 9, 2022 and further if it has complied with Section 19 of the Act.

“We have specifically used the word ‘concise’ to mean that the affidavits should be precise to the point answering some of the issues, which have been flagged in this order and it should not be verbose. Otherwise, it may cause much difficulty for the Court to take an expeditious decision in the matter”, the order further read.

Earlier, the organization had filed a petition alleging misappropriation of funds in the State under the scheme.

The Division Bench by an order dated November 28, 2022 directed the respondents/State to file their affidavit in opposition within a time frame and liberty was also granted to file their reply. However, it was stated that the said writ petition is still pending.

The division bench accordingly, listed both the matters in July.

Cause Title: Paschim Banga Khet Mazdoor Samity & Anr. v. Union of India & Ors.