The matter has been scheduled for further hearing in July.

Advocates Bikash Ranjan Bhattacharya, Saptarshi Banerjee, Purbayan Chakraborty, and Kuntal Banerjee represented the petitioners in the case.

Background

The petition has been filed by Paschim Banga Khet Mazdoor Samity, representing the MGNREGA workers seeking compensation. They have sought release of payments of Rs. 2,76,484.47 lakh along with statutory interest @ 0.05% of the unpaid wages per day of delay beyond the sixteenth day of closure of muster roll. They have not received their wages since December 2021. They also sought direction from the court to the state government to implement MGNREGA upon due sanction of funds.

MGNREGA is a social security and employment generation program initiated in 2006, and was enacted to provide for enhancement of livelihood security of the households in rural areas of the country by providing at least 100 days of guaranteed wage employment in every financial year to every household whose adult members volunteered to do unskilled manual work.

The dispute arose when the central government of India stopped releasing funds for the MGNREGA scheme by order dated March 9, 2022, instructing the state government of West Bengal to pay the wages from its own resources until a satisfactory Action Taken Report (ATR) was submitted. As a result, daily-wage workers claimed that they had not received their wages since December 2021, amounting to a total of Rs. 2,76,484.47 lakh in unpaid wages over an 18-month period.

The state government submitted a new ATR on February 2, 2023, and requested the revocation of the March 2022 order. The court directed the central government to respond to the new ATR to ensure that workers who had satisfactorily completed their work under the MGNREGA scheme are entitled to receive their wages according to the principles of the Act. The court emphasized that the scheme should not be used to the detriment of workers and called for the establishment of a grievance redressal mechanism at the block and district levels.

The court also considered the contention of the state government that the directions given by the central government were beyond the provisions of the MGNREGA.

In December last year the civil rights network NREGA Sangarsh Morcha, in alliance with the Paschim Banga Khet Majoor Samity (PBKMS), held Black Day on December 27, with workers holding black flag demonstrations, thaala bajao, road blockade and public meetings marking one year of the Government of India withholding the release of over Rs 7,500 crore MGNREGA funds to West Bengal.  Out of this amount, the pending wages are touching a staggering figure of Rs. 2,744 crore. According to the report called Status of MGNREGA Employment & Wages in West Bengal FY (April to December 2022-23), there is around Rs  3,891 crores of perceived loss in NREGA wages from pre-Covid years (average of 2018-19 and 2019-20) and Rs 6046 crores in comparison to post-Covid years (average of 2020-21 and 2021-22)

The court’s directions

The court has directed the Central government to respond by specifically stating as to what is the decision taken on the State’s ATR.

The court held that, “it should be the endeavour of all the concerned authorities to ensure that the benefits under the Act of 2005 as well as the schemes, which have been formulated under the Act of 2005 are implemented.” The court added that if the Central government believed there has been misappropriation of funds, “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,” the court said (para 11)

“Therefore, the inquiry to be conducted has to proceed in an appropriate manner so that the persons, who have actually worked are not denied the wages for the labour, which they have contributed,” the court added. (Para 12)

The court has sought precise affidavits from central and state governments by June 20 and replies by June 27.

Further, the court has also directed the state government to state in its affidavit whether it has complied with the mandate under section 19 of the Act whereby it is required to set up grievance redressal mechanisms at block level and the district level for dealing with any complaint by any person in respect of implementation of the scheme and whether any procedure has been laid down for disposal of such complaint.

The order may be read here:

Related:

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The post Calcutta HC: Even if MGNREGA funds misappropriated, genuine workers need to be compensated appeared first on SabrangIndia.

Releasing a note on the occasion along with Status of MGNREGA Employment & Wages in West Bengal by Libtech, India and Fact Finding Investigating the Stoppage of MGNREGA Work and Wages, senior activists Anuradha Talwar, Jean Dreze, Nikhil Dey, Parul Saboo and Sanjay Sahni called it “one year of Injustice: one year of NREGA workers wage theft in West Bengal”.

MGNREGA workers in West Bengal have not been paid wages since 26th December 2021. Today, we mark one year of centre withholding the release of over Rs 7,500 crore MGNREGA funds to the state for ‘non-compliance of central government directives’ invoking the Section 27 of the Act. Out of this amount, the pending wages are touching a staggering gure of Rs.2,744 crore. According to the report, there is around Rs  3,891 crores of perceived loss in NREGA wages from pre-Covid years (average of 2018-19 and 2019-20) and Rs 6046 crores in comparison to post-Covid years (average of 2020-21 and 2021-22) The present stoppage of wages is irrational and leads to victimization of workers who have done their work honestly. It has also pushed poor workers on the brink of starvation.

Violation of Fundamental Rights and Legal Provisions:

Section 27 of the Act may appear to allow the central government to “order stoppage of release of funds to the Scheme” in some circumstances, but this provision cannot be read as a license to stop wage payments to workers who have already worked. These workers have an unconditional right to be paid within 15 days. That line in Section 27 was formulated at a time when the release of funds preceded NREGA work. Today, work comes rst, and then funds are effectively released when the central government pays the wages directly in workers’ accounts. Stopping the release of funds cannot be allowed, even under Section 27, when it has the e ect of depriving workers of their rightful wages.

Both the Central and State Governments are guilty of violating the fundamental Right to life of 3.4 crore registered workers across the state. Denial of work and wages is also in contravention to the Supreme Court’s judgement in the Swaraj Abhiyan case (writ petition 857/2015; full judgement). We understand from news reports that the Government of India (GoI) has stopped transfer of funds after discovering anomalies in the implementation of works under MGNREGA. By turning a blind eye to corruption, the State Government has ensured that funds meant for workers are siphoned o by political goons from the ruling party in the state. With Panchayat elections due in mid 2023, the Centre-State stand-off over NREGA funds is taking on political overtones. While the state asserts that all corrective measures have been taken, BJP at the Centre is however reluctant to release the money before the Panchayat elections. In this political slugfest the sufferers are workers who have been deprived of their wages for the past year.

We encourage that measures should be taken to tackle corruption and increase transparency. E orts should be made to ensure that social audits and grievance redressal mechanisms are e ective. But, the standards of audits and action taken on audit findings are largely unsatisfactory in the state and across the country. The State Employment Guarantee Council (SEGC) and Central Employment Guarantee Council (CEGC) do not exist for the past couple of years (click here for RTI reply). This not only makes a mockery out of transparency and anti corruption measures, but also shows how the GoI is using anti corruption as an excuse while itself violating the Act. Eliminating leakages and irregularities cannot be used as an excuse to undermine the demand driven nature of the Act. This is a continuation of the government’s assault on NREGA and has once again exposed the central government’s lack of commitment for NREGA workers’ rights.

In particular, we demand the following:

1. Immediate release of MGNREGA funds by Central Government, with immediate starting of new works and issue of new job cards.

2. The pending wages to the tune of Rs 2,744 crores for all MGNREGA workers need to be released immediately along with the delay compensation at the rate of 0.05% per day for the entire duration of the delay (as per Para 29 of Schedule II of the Act).

3. Sanction and transfer of the 2022-23 Labour Budget.

4. Action against anomalies and corruption in the scheme, and strengthening of social audits & grievance redressal mechanisms.

5. The State Government must start a revolving fund of Rs.1000 crores from which immediate payment of NREGA wages can be done and to ensure timely payment of wages, in the event of future delays or complications in receiving money from the Central Government.

6. All the documents pertaining to correspondence between the Central Government and the State Government on MGNREGA since 2019, including the reports of central team visits and action taken, should be made public.

Courtesy: https://www.counterview.net

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Jageshwari Devi, MGNREGA worker, Mahant Maniyari village, Kurhani block Muzaffarpur district.

After a gap of months, Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) workers in ward no. 7 of Ratnauli panchayat in Mahant Maniyari village under Kurhani block of Muzaffarpur district are back on 100-day work. But many of them are still awaiting their past wages.

Jageshwari Devi, 58, a resident of the village, while lifting bricks on her head, said: “We are working under MGNREGA with the hope of getting payment sooner or later. Since five months, we have been waiting for our wages, but there are just assurances, no relief.”

According to Sanjay Sahni, convener of non-political organisation, NREGA Watch, the reason for the gap in work is non-payment of wages, which is to be done by the district administration and government.

Sahni told NewsClick that there were three categories of workers who are awaiting their wage in terms of time interval. For a few of them, wages of three to six months are pending, but many of them are still desperate about getting their annually awaited wages.

The mandate of MGNREGA is to provide at least 100 days of guaranteed wage employment in a financial year to every rural household whose adult members volunteer to do unskilled manual work. Its core objectives include providing not less than 100 days of unskilled manual work as guaranteed employment in a financial year to every rural household as per demand, resulting in creation of productive assets of prescribed quality and durability and, most importantly, strengthening the livelihood resource base of the poor. But the rural job guarantee scheme’s story on ground remains opposite to its laid down principles.

Acknowledging the prolonged wage crunch and equal work demand, NREGA Watch, along with workers of the Kurhani and adjoining blocks, is planning to stage a protest at the Muzaffarpur collectorate. The decision to protest came up in wake of workers of Sakra, Gaighat, Bandra, Kurhani, Marwan, Musahari, Maraul, Bochahan, Saraiyya and Kanti blocks not been paid since months. NREGA Watch sources said noted development economist, Jean Dreze, and co-founder of Mazdoor Kisan Shakti Sangathan, Nikhil Dey, will participate in the proposed protest.

Last year, too, the MGNREGA workers had protested citing rampant corruption in the people’s scheme.

According to Section 3(3) of the MGNREGA, workers are entitled to payment on a weekly basis, and in any case within a fortnight of the date on which work was done. The National Rural Employment Guarantee Act, 2005, states that in case of a delay in payments, there is a provision for compensation to workers at the rate of 0.05% per day. However, this clause is not taken seriously by the administration and workers are hardly ever paid compensation for wage delay.

Despite such provisions in the Act, labourers have not been paid the meagre amount of Rs 171/day, which is the state-wise amount for unskilled manual workers, based on measurement of work done i.e. piece rate basis.

Anil Ram, a migrant worker from village Mahant Maniyari, says if MGNREGA wages were a bit high, at least Rs 400/day, then people like him would not have to migrate to Vishakhapatnam in Andhra Pradesh.

“At least 100 of us have migrated to states like Assam, Gujarat, and sole reason remains extremely low wages of workers. How can we run a family of four on Rs 171/day?” he says.

But sometimes it is the other way around, he says. “When they do not find an economically favourable job outside Bihar, many youth, out of distress, decide to return and try their hands in 100 days of work”, he adds.

Anil Ram’s says the basic problem is lack of opportunities. For Bihar’s MGNREGA workers, it’s a choice between the devil and the deep sea. While low wages in Bihar compel them to migrate, lack of opportunities outside the state, pushes them back home to work for lower wages or even no wages for months.

Speaking with NewsClick over phone, Ashish Ranjan, secretary of National Alliance of People’s Movements (NAPM), Bihar chapter, said there was severe fund shortage under MGNREGA in the state. “Payment to MGNREGA workers has been stopped since six months,” says Ashish, who currently works with MGNREGA workers in Araria district of Bihar.

He accused the government of gimmickry to mislead MGNREGA workers when it comes to paying them for their labour, by announcing of wrong dates for release of funds. “This is how the government misleads workers on MIS (Management Information Systrem),” he adds.

The intentions of the Bihar government have been suspect since long in terms of raising MGNREGA wages, he says, adding that in 2015, it slashed the minimum wage to Rs 138 a day which, after efforts of social activists and a public interest litigation filed in Patna High Court, was finally rolled back.

The Bihar government has the power to strengthen livelihoods of MGNREGA workers under Section 32(1) of the Act, which states that the government may, by notification, make rules to carry out the provisions of Act subject to the conditions of consistency with MGNREGA and rules made by the Central government.

MGNREGA, which is a bottom-up, people-centric, demand-driven, self-selecting and rights-based programme that ensures employment specifically to rural population, seems to have been deliberately turned into a non-functional scheme to hurt the rural population.

In short, the cat fight and blame game of fund crunch between state and Central government is directly pushing rural workers deep into rural stagnation, which will further lead to an existential crisis of the worst kind sooner rather than later.

The writer in an independent researcher based in Bihar.

Courtesy: Newsclick.in

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