Karnataka High Court
Grameena Coolie Karmikara Sangathane vs Union Of India on 9 November, 2021
Author: Ritu Raj Awasthi
Bench: Ritu Raj Awasthi
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2021
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.4708 OF 2020 (GM-RES-PIL)
BETWEEN:
GRAMEENA COOLIE KARMIKARA SANGATHANE
A LABOUR UNION REGISTERED UNDER THE
PROVISIONS OF THE LABOUR
UNION REGISTRATION
ACT 1926, HAVING ITS HEAD OFFICE AT
GRAKOOS C/O MITAN HANDICRAFTS
DEVELOPMENT PRIVATE LIMITED,
NO.225, L.V. DESAI COMPOUND,
NEAR 2ND RAILWAY GATE, TILAKWADI,
BENGALURU-590 006.
REP BY ITS GENERAL SECRETARY,
MR. BASAVARAJU
...PETITIONER
(BY SRI HARISH B.N., ADVOCATE)
AND:
1. UNION OF INDIA
DEPARTMENT OF RURAL DEVELOPMENT,
2
KRISHI BHAWAN,
RAJENDRA PRASAD ROAD,
NEW DELHI 110 001.
THROUGH THE PRINCIPAL SECRETARY.
2. STATE OF KARNATAKA
RURAL DEVELOPMENT AND
PANCHAYATI RAJ DEPARTMENT,
M.S. BUIDLING, 3RD GATE, 2ND FLOOR,
BANGALORE 560001.
THROUGH THE PRINCIPAL SECRETARY
...RESPONDENTS
(BY SRI. SHANTHI BHUSHAN, ASG FOR R1;
SMT. VANI H., AGA FOR R2)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS
TO RELEASE PAYMENTS AND COMPENSATION UNDER THE TERMS
OF THE MNREGA 2005 IN THE STATE OF KARNATAKA AND DIRECT
THE RESPONDENTS TO CONDUCT REGULAR MEETINGS OF THE
CENTRAL COUNCIL AND STATE COUNCIL IN COMPLIANCE WITH
MNREGA, 2005 AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:
3
ORDER
Heard.
2. In this public interest litigation, the petitioner who is said to be the Labour Union registered under the provisions of the Labour Union Registration Act, 1926 has raised certain issues regarding the delay in payment of wages under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (for short 'MNREGA, 2005') to its members who are the workers in the State of Karnataka. It is submitted that there is a delay of 6 to 8 months in payment of wages to the workers/ labourers under the MNREG scheme.
3. Learned Additional Government Advocate appearing for the respondent No.2 informs that in the State of Karnataka for the proper implementation of MNREG scheme, the Karnataka National Rural Employment Guarantee (Grievance Redressal) Rules, 2009 (for short 'the said Rules of 2009') have been framed. Under Rule 3 of the said Rules of 2009, 4 Grievance Redressal Forum has been provided and under Rule 4 of the said Rules of 2009, the mode of submission of complaints has been given. The relevant Rules 3, 4, 6, 7, 8, 9, 10, 11 and 12 of the said Rules of 2009 are reproduced below:
"3). Grievance Redressal Officer (GRO):- The grievance redressal officer shall be The secretary of the Gram panchayat at the village level, Programme Officer at the Block level, District Programme Co-
ordinator at the district level and Commissioner of National Rural Employment Guarantee Act at the State level.
4) The mode of submission of complaints: -
1. Any person may submit his grievance to the grievance redressal officer at various levels specified for this purpose under Rule-3.
2. The complaints may be submitted in writing or orally either in person or through post or through the complaint boxes or through E-mail or through National Rural Employment Guarantee Act web site or over telephone help line installed. If the complaint is made orally the programme officer or the District Programme co-ordinator may record the details in the Register of complaints and obtain the signature or thumb impression of the complainant.
3. Complaints shall be filed with specific details and contact information of the complainants.5
6) Enquiring in to complaints:-
1. The grievance redressal officer shall enter the details of complaints in a register separately kept for this purpose. On receipt of the complaint, enquiry through spot verification or inspection shall be completed within seven days. The complaints from higher levels to the lower levels may be transferred through National Rural Employment Guarantee Act website or through e-mail. The delay in transmission of complaints from level to another shall not be cited as a reason for delay in disposing off the complaints.
2. If the grievance redressal officer is of the opinion that the disposal of the complaints requires more time, an interim reply should be issued to the complainants citing the reasons for delay. The grievance redressal officer shall not take more than two weeks for disposing off such complaints.
7) Action on findings of the enquiry:-
1. In case of a prima facie evidence regarding financial irregularities the Grievance Redressal Officer shall file a First Information Report.
2. In case of other violations of Indian Penal Code, like violence or intimidation, the complainant shall file First Information Report. The Grievance Redressal Officer shall facilitate the filing of First Information Report.
3. In case the authority concerned finds violation of entitlements, it will be responsible for informing the person or party aggrieved. The concerned authority will be responsible for such grievance redressal within a week and not later than fifteen days.
8) The Complainant to be informed of the action taken:- The Complainant shall be informed in writing, the action taken on the complaints at the earliest or within a period of thirty days, whichever is earlier.
69) Monitoring the Disposal of Complaints :-
1. There will be a committee at the district level for monitoring the disposal of complaints. This committee would review the progress of the disposal at least once in a month. The member Secretary shall place any reports on the failure at any level in disposing of the complaints before the committee. This committee after following the procedure, would have powers to impose fines under section 25 of NREGA Act.
2. The constitution of the committee shall be as follows: -
i. The Deputy Commissioner of the District - Chairperson ii. The Chief Executive Officer, Zilla Panchayat - Member iii. The member Secretary District legal services Authority-member iv. One Assistant commissioner and one tahasildar of the district (nominated by the chair person)- member v. One Executive Officer of the district (nominated by Chief Executive Officer) - Member vi. One member of any voluntary organisation involved with NREGA. -Member (To be nominated by the chairperson) vii. Deputy secretary of Zilla Panchayat handling NREGA - Member Secretary.
10). Monthly reports: - The monthly reports in the formats pre-designed by the Central Government may be sent from Grama Panchayat to the Programme Officer and Programme Officer to District Programme Co-ordinator and from District Programme Co- ordinator to State Government and from State Government to the Ministry.
11) Disclosure of complaint in local newspapers:- The District level complaint monitoring 7 authority shall disclose the status of each complaint in one of the local newspaper.
12) Appeals:-
1. Appeals against the orders of the Gram Grievance Redressal Officer Panchayat level shall be made to the Programme Officer, those against the orders of the Programme Officer shall be made to District Programme Coordinator and those against the District Programme Coordinator shall be made to the State Commissioner under National Rural Employment Guarantee Act.
2. All Appeals shall be made within 45 days of the order issued.
3. All Appeals shall be disposed off within one month.
4. The guilty shall be penalized as per the provisions of the Act."
4. As per the said Rules, a complaint may be filed by individual aggrieved person which has to be enquired into and appropriate action has to be taken. There is a provision of appeal under Rule 12 of the said Rules of 2009. Against the order of the Gram Grievance Redressal Officer Panchayath, appeal can be filed before the Programme Officer and to the District Programme Co-ordinator in case order is passed by Programme Officer. An appeal is also provided before the 8 State Commissioner against the order of the District Programme Co-ordinator. As such, complete forum is provided for redressal of grievance. In case any person is aggrieved due to delay in payment of wages under the MNREGA, 2005, then he has the remedy of filing an appeal under the said Rules of 2009.
5. We have considered the submissions made by the learned counsel for the petitioner as well as the learned Additional Government Advocate and gone through the records.
6. We are of the considered view that in case any individual person is aggrieved due to delay in payment of wages under the MNREGA, 2005, then he has the remedy of filing an appeal under Rule 12 of the said Rules of 2009.
7. Therefore, we do not find it a fit case to adjudicate in a public interest litigation. The writ petition is accordingly dismissed with liberty to individual persons who, if in case are 9 aggrieved due to delay in payment of wages, can raise their grievance by filing an appeal as stated above.
The pending interlocutory applications, if any, stand disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE CA