Non-Payment Of Wages| Calcutta HC Allows MGNREGA Workers To Hold 12-Day Sit-In-Demonstration At Kolkata Sahid Minar Grounds

The Calcutta High Court today allowed MGNREGA workers to hold a sit-in demonstration for twelve days at Sahid Minar Grounds in Kolkata over non-payment of their wages and non-commissioning of their work.

The bench of Justice Rajasekhar Mantha ordered thus while dealing with a writ petition filed by Paschim Banga Khet Mazdoor Samity & Another who were earlier denied permission to hold the protests by the local administration.

Before the Court as well, the state's counsel submitted that area (Haque Road at the crossing of Aminia Hotel next to the Kolkata Municipal Corporation Building) where the petitioners want to hold the demonstration is rather congested and the lanes are narrow and if the protests are allowed to take place, the disruption of traffic and inconvenience to the public at large cannot be ruled out.

The state however suggested that the protesters may be allowed to hold a sit-in demonstration for twelve days at Sahid Minar Grounds from 10:00 A.M. to 5:00 P.M. Taking into account this suggestion, the Court passed the following order:

"This Court is of the view that the petitioners may hold their demonstration at Sahid Minar Grounds from 10:00 A.M. to 7:00 P.M. on a day for 12 days. There shall be no more than fifteen persons staying overnight. There shall be no cooking and littering and the demonstration shall be conducted in a peaceful and hygienic way. Only available public toilets shall be used by the petitioners and the demonstration shall be wound up strictly within twelve days. Each and every condition that shall be imposed by the police shall strictly be complied with by the petitioners."

The Court also said that the demonstration would be subject to the permission of the Army, who is the owner of the property in question and in the event of any violation of any of the conditions of the police or the conditions as indicated hereinabove, the Deputy Commissioner of Police, Kolkata Police shall be authorized to evict the petitioners from the said land.

With the aforesaid directions, the writ petition was disposed of.

Appearances

Advocate Shamim Ahammed, Purbayan Chakraborty, Kuntal Banerjee - For the petitioners

Advocates Jahar Lal De, Nilotpal Chatterjee, Rudranil Dey - For the State

Case title - Paschim Banga Khet Mazdoor Samity & Anr. vs. The State of West Bengal & Ors. [W.P.A. No. 11363 of 2023]

Case Citation: 2023 LiveLaw (Cal) 129

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