High Court of Gauhati

The Project Director, District Rural Development Agency, Karimganj and Ors. v. The District Legal Services Authorities, Karimganj and Ors.

MANU/GH/0030/2016

21.01.2016

Miscellaneous

State cannot excuse itself of unemployment allowance under NREGA

The economic capacity of the State government cannot be a factor to deny unemployment allowance to job seekers who applied under the national rural employment guarantee scheme but have been kept idle. The High Court interpreted the MGNREG Act 2005 as beneficial legislation, which made provision for payment of allowance despite job seekers not being productively employed. Moreover, the State’s financial incapacity to pay did not prevent it from being liable to pay the allowance. The Court also ruled that Lok Adalats are competent to adjudicate disputes relating to payment of unemployment allowance under the NREGA.

Relevant

"Hardeep Singh v. State of Punjab MANU/SC/0025/2014
Section 9 Mahatma Gandhi National Rural Employment Guarantee Act, 2005"

Tags : nrega unemployment allowance financial incapacity

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