SWARAJ ABHIYAN (VI) versus UNION OF INDIA & ORS.

SWARAJ ABHIYAN (VI) versus UNION OF INDIA & ORS.

The Central and State Governments are jointly responsible for ensuring timely payment of wages and compensation under the Act. Fixation of 'approved labour budget' is not arbitrary but backed by statutory provisions. Administrative delays cannot justify withholding wages or compensation, and the authorities must prepare an urgent, time-bound programme for wage and compensation payments.

Parties
Petitioner: Swaraj Abhiyan; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
18 May 2018
Procedural Posture
Writ Petition (civil) / Final Order/decision
Outcome
All issues pertaining to the Act stand closed and concluded. Directions issued.
Legal Topics
Implementation of Mahatma Gandhi National Rural Employment Guarantee Act, 2005, Delay in Payment of Wages, Approved Labour Budget, Compensation for Delayed Wages, Role of Central and State Governments
Constitutional Law Administrative Law Labour and Employment Law Social Welfare Law Implementation of Mahatma Gandhi National Rural Employment Guarantee Act, 2005 Delay in Payment of Wages Approved Labour Budget Compensation for Delayed Wages +1 more

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Parties

Swaraj Abhiyan

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Final Order/decision

Legal Issues

  1. 1 Delay in payment of wages and compensation to beneficiaries under the Act and Scheme
  2. 2 Reduction in person days and consequent reduction in allocation of funds from State projections
  3. 3 Absence of social audits being conducted

Ratio Decidendi

The Central and State Governments are jointly responsible for ensuring timely payment of wages and compensation under the Act. Fixation of 'approved labour budget' is not arbitrary but backed by statutory provisions. Administrative delays cannot justify withholding wages or compensation, and the authorities must prepare an urgent, time-bound programme for wage and compensation payments.

Court Disposition

All issues pertaining to the Act stand closed and concluded. Directions issued.

Orders

  • Central Government through Ministry of Rural Development, in consultation with State Governments and Union Territory Administrations, is directed to prepare an urgent time-bound mandatory programme for payment of wages and compensation to workers under the Act.
  • The burden of compliance for timely wage and compensation payment is jointly on State and Central Governments. Neither can pass the burden to the other.