Guwahati: The Supreme Court has directed the Chief Secretary of Assam to appear before the Court on November 14, 2024, to explain the lack of progress in settling the long-standing wage dues of tea garden workers in the state.
A bench of Justices Abhay S Oka and Augustine George Masih expressed dissatisfaction with the Assam government and Assam Tea Corporation Limited (ATCL) for failing to address the issue of unpaid wages for tea estate workers in Assam.
“We direct the Chief Secretary of State of Assam to personally remain present in the Court on the next date, i.e., 14th November 2024. The state will have to seriously answer the question why there is no sincere effort made to pay the dues of the workmen who have worked in tea estates owned by the state of Assam,” the Court order read.
During the hearing, Justice Oka observed that despite Assam Tea Corporation Limited earning Rs 38 crore from rental income, the workers’ wages remained unpaid.
The Court inquired whether any portion of the remaining Rs 4 crore would be allocated to pay the workers’ outstanding dues.
Justice Oka stressed that as a state entity, the Assam Tea Corporation Limited has a duty to ensure that the workers’ salaries and allowances are paid.
The Assam government’s counsel, however, stated that there had been substantial financial losses.
The counsel asserted that numerous lessees of the tea estates were unable to maintain profit and ultimately returned the gardens to the Assam Tea Corporation Limited, further worsening the financial losses.
The apex court suggested that if the state were unable to manage the tea estates, all properties should be sold to ensure the workers receive their outstanding dues.
The Court also issued a notice to the Union Ministry of Commerce, after the Assam government’s counsel stated that the central government had a responsibility in ensuring that the workers’ dues were paid.
In 2023, the Supreme Court directed the state and central governments to disburse Rs 645 crore to 28,556 workers from 25 tea gardens.
Of the 25 tea gardens, fifteen tea gardens are managed by the state-owned ATCL.
Notably, in 2006, when the International Union of Food and Agricultural Workers filed a petition with the Supreme Court demanding the payment of overdue wages and benefits, the Court ordered the disbursement of these dues in 2010. However, compliance with this order remained incomplete, leading to the filing of a contempt petition in 2012.
In 2020, the Supreme Court established a one-person committee, chaired by retired Justice AM Sapre, to calculate the outstanding dues owed to the tea garden workers.
The committee’s findings revealed that Rs 414.73 crore was owed to the workers, and an additional Rs 230.69 crore was due to the Provident Fund Department.
