The Calcutta High Court on June 6 asked the Union Government and the West Bengal Government to submit reports on the non-payment of wages to workers enrolled in the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme in the State.
Noting that the 2005 Act was aimed at enhancing livelihoods in rural areas, a Division Bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya observed that the “object of the scheme has to be fulfilled by concerned authorities”. The court said that if, in the opinion of the Central Government, there has been misappropriation of funds, then the endeavour of the authorities should be to “separate the chaff from the grain”.
HC questions both
During the hearing, the Centre’s counsel said that the Centre had informed the State Government, via a letter dated March 9, 2022, that the release of all further funds would be stopped until the State Government ensured compliance with Central directives regarding inquiry reports. The court asked the State Government to file an affidavit stating why it should not be asked to pay for workers’ wages after March 9, 2022, as per the directions in the Centre’s letter.
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The court also asked the Central Government to declare what decision it had taken on the State’s latest action-taken report, dated February 2, 2023. The Bench also asked the Centre to file an affidavit on the status of payments it had made for the period prior to March 9, 2022.
Clubbing cases
The petition WPA (P) 237 of 2023 was filed before the High Court by Paschim Banga Khet Majoor Samity (PBKMS). The organisation described the developments in the court as “the first step towards payment of pending MGNREGA wages in West Bengal”.
“Incidentally, the Central Government’s NREGA website shows that payments of ₹1,554.90 crore are pending for the period December 16, 2021 [when the Central Government allowed the last payment of wages] to March 9, 2022, when it invoked Section 27 to stop payments,” a statement of PBKMS said.
The Centre’s counsel also referred to WPA 555 of 2022, where the Leader of the Opposition, Suvendu Adhikary, had filed a PIL to raise several issues related to the misappropriation of funds in the State under MGNREGA. The court asked for the clubbing of the PBKMS’ petition with that of Mr. Adhikary; both the hearings will take place simultaneously. The Court has asked for the matter to be listed in the monthly list of July.
