(S.A. Bobde and L. Nageswara Rao, JJ.)
International Union of Food Agr. & Ors. ______________ Petitioner(s)
v.
Union of India & Ors. ___________________________ Respondent(s)
Contempt Petition (C) No. 16 of 2012 in Writ Petition (C) No. 365 of 2006, decided on April 4, 2018
The Order of the court was delivered by
Order
1. In this case, we find that workmen, who worked for about 20 years have not been paid their wages. Their condition is pitiable and some of them have resorted to commit suicide. In some cases, these workmen are part of an unorganized Sector. In some cases proceedings have been initiated by the workmen and in some cases by the Government for recovery of dues. The amounts have been locked in litigation and without any relief to the workers. Having regard to these circumstances, we consider it appropriate to hear the State Government on the question of interim relief that may be granted to the workmen.
IN RE: ASSAM
2. The State Government has responded to the proposal in a most positive manner. Shri Maninder Singh, learned Additional Solicitor General appearing for the State of Assam has stated that there are about 16,133 retired workers and staff of the corporation, many of whom had retired over 20 year back and 839 retired persons but continuing in service. The Corporation owns 15 Tea Estates in the State of Assam. It is also stated across the Bar that appropriation, i.e., the money would be placed in the hands of the Executive within a period of 90 days. However, an MOU would be signed by the State Government and the Assam Tea Corporation during that period.
3. In these circumstances, we pass the following order:
(i) State of Assam is directed to complete the process of appropriation within a period of 60 days from today. The MOU shall also be signed during this period.
(ii) In the meanwhile, the State Government along with Corporation shall update the list of unpaid retired workers and notify them that they would pay the amounts. For this purpose the workers shall appear and have their identities and claims duly verified.
(iii) The State Government would put in hand the necessary funds of Rs. 99 Crores to the Corporation which shall disburse the said amount upon verification of these retired employees.
(iv) In case the workers have died, the amounts shall be disbursed to the legal representatives upon verification of their status by the Corporation.
(v) Upon verification of their identities and claims they shall make payment in chronological order, i.e., those who have retired earlier shall be paid before those who have retired later.
(vi) The process of verification and identification shall be commenced immediately.
(vii) The Government shall be entitled to recover those amount from all those employers whose primary duty was to pay the wages, as a revenue demand or any other efficacious manner.
4. We are conscious that the total number of garden whose workers are unpaid is about 22. For this purpose we consider it appropriate to pass orders in relation to other gardens after hearing the owners. The list of gardens which are not owned by the Assam Tea Corporation is as follows:
| Sl. No. | Name of the Address of the Tea Estate | Name of the Address of the Company |
| 1. | Rangoliting Tea Estate P.O. Lohoal, Dist – Dibrugarh, Assam – 786010 | M/s. Ganeshka Kanoi Tea Company, Mithapukhuri Road, Jorhat, Assam – 785001 |
| 2. | Wokha Tea Estate P.O. Furkating Dist-Golaghat Assam – 785610 | Kharikatia Tea & Industries Ltd. CF-366, Salt Lake City Sector-1, Kolkata – 700064 |
| 3. | Haotoli Tea Estate P.O.: Hautley, Dist-Golaghat Assam- 785702 | Boruah & Boruah Tea & Trading Pvt. Ltd. Bordoloinagar, Sector-2, Lane-5 Tinsukia- 786125 |
| 4. | Chandmari Tea Estate P.O. – Tinsukia, Dist-Tinsukia Assam – 786125 | Chandmari Tea Co. (P) Ltd. 37 A.T Road, Talap Bali Bazar, PO-Talap, Tinsukia, Assam-786156 |
| 5. | Gillapukhuri Tea Estate, P.O-Borguri, Dist-Tinsukia, Assam – 786126 | Gillapukhuri Tea Company Ltd. 9, Brabourne Road, 3rd Floor, Kolkata- 700001 |
| 6. | Hukanpukhuri Tea Estate, P.O.- Tinsukia, Dist-Tinsukia, Assam – 786125 | Nandlall & Sons Tea Industries Pvt. Ltd. Bishmile, P.O – Chabua, Dist – Dibrugarh, Assam – 786184 |
| 7. | Dhelakhat Tea Estate, P.O-Tinsukia, Dist-Tinsukia, Assam- 786125 | Dhelakhat Tea Company Ltd. 4, Dr. Rajendra Prasad Sarani (Clive Row), Kolkata – 700001 |
5. The State of Assam is directed to notify the owners of those Tea gardens about these proceedings before us. Accordingly issue notice to those above Tea gardens through their companies/managment returnable in two weeks.
IN RE: WEST BENGAL
6. We are informed by the Central Government that in the State of West Bengal there are pending dues of workmen. Shri Gonsalves, learned senior counsel for the petitioner submits that according to Central Government affidavit, Rs. 30 Crores are unpaid. These dues are apparently not paid in respect of workmen who were employed by 45 Tea Gardens.
7. On the question of interim relief which we propose to pass Shri Banerji learned senior counsel for the State of West Bengal submitted that there is no negligence by the State regarding unpaid workers. On the contrary, the State has spent large amounts on the development of various schemes for those workers as mentioned on pages 25-26 of the Additional affidavit filed by the State of West Bengal. It appears that this is so. We, however, see no reason why the State should not temporarily spent further amounts for paying dues to workers of an unorganized sector in respect of wages due to them for work actually rendered.
8. Having regard to the plight of the workers and the pitiable conditions in which they are living we consider it appropriate in the interest of justice to pass the following order:
(i) The State Government would pay the necessary funds of Rs. 15 Crores to the employees upon verification within 60 days.
(ii) Notices shall be issued to the workers to present their claims and only upon verification the said amounts shall be disbursed to them.
(iii In case the workers have died, the amounts shall be disbursed to the legal representatives upon verification their status.
(iv) Upon verification of their identities and claims they shall make payment in chronological order, i.e., those who have retired earlier shall be paid before those who have retired later.
(v) The process of verification and identification shall be commenced immediately.
(vi) The Government shall be entitled to recover those amount from all those employers whose primary duty was to pay the wages, as a revenue demand or any other efficacious manner.
9. A list which is mentioned at Annexure-D (Page Nos. 27 to 34) to the additional affidavit filed on behalf of the State of West Bengal which is as follows:
Status of Running but Stressed Tea Estates
| S. No. | Name of Tea Estate/Garden | No. of Workers | Management |
| 1. | Ramjhora | 1141 | M/s. Hind Tea Company Ltd. Mr. Narendra Barelia Arun Tea Warehouse Complex, 2.5 Mile Sevoke Road, Siliguri – 734001 Rocpcm01@gmail.com |
| 2. | Mujnai | 1095 | M/s. Anjuman Tea Company Ltd. 8, Khairu Place, 4th Floor, Room No. 2, Kolkata – 700072 Anjuntea2011@gmail.com |
| 3. | Jaybirpara | 636 | ESS ESS Endeavour Pvt. Ltd., M.G. Road, Khalpara, Siliguri, Dist-Darjeeling |
| 4. | Kalchini | 2003 | M/s. Mars Plywood Mr. Roshanlal Agarwala Maitra Bhawan Sevoke Road, Siliguri – 734001 Srnakipuria.ca@gmail.com |
| 5. | Kohinoor | 975 | Khayerbari Tea Co. LTD., 21 MR Road Khalpara Siliguri-734005 |
| 6. | Chinchula (Merico) | 1371 | Merico Tea Estate Limited, 64 A Hemanta Basu Sarani (2nd Floor), Kolkata-700001 |
| 7. | Birpara | 2623 | M/s. Duncans Industries Ltd. Duncan House 31, Netaji Subhas Road Kolkata 700 001 Telephone:(033) 2230 0962/2185 Fax: (033) 2248 6021 E-mail: dil_secretarial@duncans-tea.com |
| 8. | Dumchipara | 1918 | |
| 9. | Carron | 757 | M/S. Basu Pvt. Ltd. 114 Harish Mukherjee Road, Kol-25 |
| 10. | Kathalguri | 1356 | M/s. Hind Tea Company Ltd. Mr. Narendra Barelia Arun Tea Warehouse Complex, 2.5 Mile Sevoke Road, Siliguri – 734001 Rocpcm01@gmail.com |
| 11. | Chamurchi | 1052 | 216. Mahatma Gandhi Road, Kolkata-700007 Mr. R.P. Tewari, Chamurchi Argo(India) Ltd. 216. Mahatma Gandhi Road, Kolkata-700007 |
| 12. | Shikarpur – Bhandapur | 1551 | 24, Ganesh Chandra Avenue, Commerce House, 5th Floor, Room No 7, Kolkata-13 Shri Ramabtar Berlia, Director Shri Basant Kumar Berlia, Director Shri Narendra Berlia, Director 233, Sevoke Road, 2nd Mile, Siliguri |
| 13. | Raipur | 617 | C/O, Abhhoy & Co., Nehru Road, Khalpara, Siliguri, Darjeeling Mr. Raimohan Saha, Nehru Road, Khalpara, Siliguri |
| 14. | Srinathpur | 239 | Srinathpur Tea Company Ltd. 262, Bidhan Road, Siliguri – 734401 |
| 15. | Bamandanga – Tondu | 1254 | Bamandanga Tea Estates Pvt. Ltd., 4A, Pollock Street, 410, Swaika Centre, 4th Floor, Kolkata-700001 |
| 16. | Samsing | 1500 | Rajesh Agarwal, Sevoke Road, C/o PCM Tower, Siliguri, Darjeeling -734001. Official Address 3rd Floor, PCM Tower, 2nd Mile, Sevoke Road, Bhaktinagar, Siliguri |
| 17. | Hantapara | 1898 | M/s. Duncans Industries Ltd. Duncan House 31, Netaji Subhas Road Kolkata 700 001 Telephone:(033) 2230 0962/2185 Fax: (033) 2248 6021 E-mail: dil_secretarial@duncans-tea.com |
| 18. | Garganda | 1517 | M/s. Duncans Industries Ltd. Duncan House 31, Netaji Subhas Road Kolkata 700 001 Telephone:(033) 2230 0962/2185 Fax: (033) 2248 6021 E-mail: dil_secretarial@duncans-tea.com |
| 19. | Demdima | 1645 | M/s. Duncans Industries Ltd. Duncan House 31, Netaji Subhas Road Kolkata 700 001 Telephone:(033) 2230 0962/2185 Fax: (033) 2248 6021 E-mail: dil_secretarial@duncans-tea.com |
Status of Non-functional Tea Estates/Garden which are getting Financial Assistance to Workers of Locked out Industrial Units (FAWLOI)
| S. No. | Name of Tea Estate/Garden | No. of Workers | Management |
| 1. | Red Bank | 888 | The Redbank Tea Co. (P) Ltd. Om Palace, Ramkrishna Road, P.O.: Siliguri, Dist: Darjeeling |
| 2. | Bundapani | 1215 | M/s. Sarada Pleasure & Adventure Ltd. P.O.-Siliguri, Dist:-Darjeeling |
| 3. | Dheklapara | 604 | M/s. Dekhlapara Tea Company Ltd. – In Liquidation – Calcutta High Court |
| 4. | Madhu | 961 | DIABARI TEA CO LIMITED 73, Metcalf Street, Kolkata, West Bengal, india, 700013 |
| 5. | Surendranagar | 233 | Lease cancelled by the State of West Bengal. Previous owners:-M/s. Mars Plywood Mr. Roshanlal Agarwala Maitra Bhawan Sevoke Road, Siliguri – 734001 Srnakipuria.ca@gmail.com |
| 6. | Kumlai | 1103 | KUMLAI TEA & INDUSTRIES LTD, 1 GANESH CHANDRA AVENUE KOLKATA-700013 |
Status of Tea Estates/Garden which are NOT getting Financial Assistance to Workers of Locked out Industrial Units (FAWLOI)
| S. No. | Name of Tea Estate/Garden | No. of Workers | Management |
| 1. | Dharanipur | 374 | Lease cancelled by the State of West Bengal. Previous owners:-M/s. Mars Plywood Mr. Roshanlal Agarwala Maitra Bhawan Sevoke Road, Siliguri – 734001 Srnakipuria.ca@gmail.com |
| 2. | Tulsipara | 1141 | M/s. Duncans Industries Ltd. Duncan House 31, Netaji Subhas Road Kolkata 700 001 Telephone:(033) 2230 0962/2185 Fax: (033) 2248 6021 E-mail: dil_secretarial@duncans-tea.com |
| 3. | Lankapara | 2132 |
10. The State of West Bengal is directed to notify the owners of those Tea gardens about these proceedings before us. Accordingly issue notice to those above Tea gardens through companies/managment returnable in two weeks.
IN RE: STATE OF TAMIL NADU
11. According to the Central Government in the State of Tamil Nadu, an amount of 17 Crores is outstanding and payable to the workmen as dues for the work rendered by them. Shri V. Giri, learned counsel for the State of Tamil Nadu states that as on date, the liability is to the extent of about Rs. 9.5 crores.
12. Undoubtedly, the primary liability is of the employers. However, having regard to the circumstances of this case which we have adverted to earlier we consider it appropriate to pass the following order:
(i) The State Government would pay the necessary funds of Rs. 9.5 Crores to the employees upon verification within 60 days.
(ii) Notices shall be issued to the workers to present their claims and only upon verification the said amounts shall be disbursed to them.
(iii In case the workers have died, the amounts shall be disbursed to the legal representatives upon verification of their status.
(iv) Upon verification of their identities and claims they shall make payment in chronological order, i.e., those who have retired earlier shall be paid before those who have retired later.
(v) The process of verification and identification shall be commenced immediately.
(vi) The Government shall be entitled to recover those amount from all those employers whose primary duty was to pay the wages, as a revenue demand or any other efficacious manner.
13. We are informed by the State of Tamil Nadu that primary liability is of the employer list of which is as follows :
Address of the Tea Gardens
| S. No. | Name of the Tea Estate & Address | Name of the Company & Address |
| 1. | High Forest Estate Post, Valparai, Coimbatore, Tamil Nadu, Pincode – 642127 | Mahavir Plantations Pvt. Ltd. 24/1511, Indira Gandhi Road, Kochi – 682003 |
| 2. | Liddelsdale & Prospect Liddlellsdale Estate Naduvattam Post, Ooty Tulak, The Nilgiris, Tamil Nadu – 643224 | Mahavir Plantations Pvt. Ltd. 24/1511, Indira Gandhi Road, Kochi – 682003 |
| 3. | Manjushree, New Hope & Glenvans New Hope Estate, New Hope Post, Gudalur Taluk, The Nilgiris Tamil Nadu – 643226 | Manjushree Plantations Limited, 7E Neelamber Building, 28B Shakespeare Sarani, Kolkata 700017 |
| 4. | Seaforth Estate, Seaforth Post, Gudalur Taluk, The Nilgiris Tamil Nadu – 643228 | Mahavir Plantations Pvt. Ltd. 24/1511, Indira Gandhi Road, Kochi – 682003 |
14. We accordingly consider it appropriate to direct the State of Tamil Nadu to notify the owners of those Tea gardens about these proceedings before us. Accordingly issue notice to those above Tea gardens through companies/management returnable in two weeks.
IN Re: Kerala
15. As far as state of Kerala is concerned, the total amount unpaid, according to Shri Gonsalves is a large sum of Rs. 27 crores. This is denied by Shri G. Prakash who states that only a total of Rs. 2.79 cores is due as arrears to the workmen of the Tea Estates in the State of Kerala. We accordingly pass the following order:
(i) The State Government would pay the necessary funds of Rs. 2.79 Crores to the employees upon verification within 60 days
(ii) Notices shall be issued to the workers to present their claims and only upon verification the said amounts shall be disbursed to them.
(iii In case the workers have died, the amounts shall be disbursed to the legal representatives upon verification of their status.
(iv) Upon verification of their identities and claims they shall make payment in chronological order, i.e., those who have retired earlier shall be paid before those who have retired later.
(v) The process of verification and identification shall be commenced immediately.
(vi) The Government shall be entitled to recover those amount from all those employers whose primary duty was to pay the wages, as a revenue demand or any other efficacious manner.
16. We are informed by the State of Kerala that primary liability is of the employer list of which is as follows :
| Sl. No. | Name of the Tea Estate & Address | Name of the Company & Address |
| 1. | Peermade and Lonetree Peermade Tea Company Cheenthalaar Post, Peermade Taluk, Idukki Distt. Kerala – 685501 | Peermade Tea Company Limited, TC-12/76 “Silver Oaks”, PMG-Plamoodu Road, Pattom Palace P.O., Thiruvanathapuram, Kerala 695004 |
| 2. | Glenmary Estate, Peermade Post, 685531 | Bethel Plantations Pvt. Ltd. Corporate Office Glenmary Estate Peermade Idukki, Kerala 685531 |
| 3. | Ladrum Tea Estate, Peermade – 685531 Idukki Kerala | Bethel Plantations Pvt. Ltd. Corporate Office Glenmary Estate Peermade Idukki, Kerala 685531 |
| 4. | Kuduakaranm Estate, Peermade – 685531 Idukki Kerala | Bethel Plantations Pvt. Ltd. Corporate Office Glenmary Estate Peermade Idukki, Kerala 685531 |
| 5. | Manjumallai Tea Estate Vandiperiyar – 685533, Idukki Kerala | Poabs Enterprises (P) Ltd, District Pathnamthitta, Kuttoor PO Thiruvalla 689106 |
| 6. | Thengakal Tea Estate, Vandiperiyar – 685533, Idukki Kerala | Poabs Enterprises (P) Ltd, District Pathnamthitta, Kuttoor PO Thiruvalla 689106 |
| 7. | Pambannar Tea Estate, Peermade – 685531, Idukki Kerala | Poabs Enterprises (P) Ltd, District Pathnamthitta, Kuttoor PO Thiruvalla 689106 |
| 8. | Pasumullai Tea Estate, Vandiperiyar-685533 Idukki Kerala | Poabs Enterprises (P) Ltd, District Pathnamthitta, Kuttoor PO Thiruvalla 689106 |
| 9. | Granby Tea Estate, Vandiperiyar- 685533 Idukki Kerala | Poabs Enterprises (P) Ltd, District Pathnamthitta, Kuttoor PO Thiruvalla 689106 |
| 10. | Nellikai Tea Estate, Vandiperiyar – 685533 Idukki Kerala | Poabs Enterprises (P) Ltd, District Pathnamthitta, Kuttoor PO Thiruvalla 689106 |
| 11. | Koliekanam Tea Estate, Peermade, Idukki Distt. Kerala | Bethel Plantations Pvt. Ltd. Corporate Office Glenmary Estate Peermade Idukki, Kerala 685531 |
| 12. | Mount Tea Estate Peermade, Idukki Dist. Kerala | Bethel Plantations Pvt. Ltd. Corporate Office Glenmary Estate Peermade Idukki, Kerala 685531 |
| 13. | Tungamullay Tea Estate, Peermade, Idukki Dist. Kerala | Bethel Plantations Pvt. Ltd. Corporate Office Glenmary Estate Peermade Idukki, Kerala 685531 |
| 14. | Bonaccard Tea Estate, Bonaccard Post, Via Nedumandagu Vithurathiruvanathapuram – 695551 | Mahavir Plantations Pvt. Ltd. Silver Bright House, Chullikal Road, Kochi – 682005 |
17. We accordingly consider it appropriate to direct the State of Kerla to notify the owners of those Tea gardens about these proceedings before us. Accordingly issue notice to those above Tea gardens through companies/management returnable in two weeks.
CONMT.PET.(C) No. 16/2012 In W.P.(C) No. 365/2006
International Union of Food Agr. & Ors ________________ Petitioner(s)
v.
Union of India Ministry of Law and Justice Secretary & Ors ______________________________________________ Respondent(s)
(IA No. 33241/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS)
Date :04-04-2018 This petition was called on for hearing today.
(Before S.A. Bobde and L. Nageswara Rao, JJ.)
For Petitioner(s) Mr. Colin Gonsalves, Sr. Adv.
Ms. Aditi Gupta, Adv.
Ms. Olivia Bang, Adv.
Ms. Jyoti Mendiratta, AOR
For Respondent(s) Mr. Bhaskar P Gupta, Sr. Adv.
Ms. Sangeeta Mandal, Adv.
Ms. Sukanya Basu, Adv.
for M/S. Fox Mandal & Co., AOR
Mr. Siddharth, AOR
Mr. Amit Kr. Agrawal, Adv.
Mr. Aman Lekhi, ASG
Ms. Vibha Datta Makhija, Sr. Adv.
Ms. Rashmi Malhotra, Adv.
Mr. S.K. Singhania, Adv.
Mrs. Anil Katiyar, AOR
Mr. G. Prakash, AOR
Mr. Jishnu M.L., Adv.
Mr. Priyanka Prakash, Adv.
Mrs. Beena Prakash, Adv.
Mr. Vijay Shankar V.L., Adv.
Mr. Ajay Marwah, AOR
Mr. Mool Singh, Adv.
Mr. Debal Banerji, Sr. Adv.
Ms. Astha Sharma, Adv.
Mr. Amit Verma, Adv.
for M/S. PLR Chambers And Co., AOR
Mr. Maninder Singh, ASG
Mr. Shuvodeep Roy, AOR
Mr. Ankit Roy, Adv.
Mr. Prabhash Bajaj, Adv.
Mr. Sayooj Mohan Das, Adv.
Mr. Debojit Borkakati, Adv.
Mr. V. Giri, Sr. Adv.
Mr. T.R.B. Siva Kumar, Adv.
Mr. K.V. Ram Kumar, Adv.
UPON hearing the counsel the Court made the following
Order
18. The matter is adjourned in terms of directions to the State of Assam, West Bengal, Tamil Nadu and Kerala.
19. Issue notice to the Tea gardens through companies. Management in respect of above-mentioned States returnable in two weeks.
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