Guwahati: The Supreme Court has summoned the Chief Secretary of Assam to appear “in person” and explain the Assam government’s lack of “sincere effort” to settle the long-pending dues of tea estate workers in the state.
The court has directed the Chief Secretary to be present in court on November 14, 2024, which is the next date of hearing.
In its order, passed on Monday, the Supreme Court also issued a notice to the Union Ministry of Commerce after the counsel representing Assam stated that the central government played a role in ensuring that workers’ dues were paid.
The court’s order stems from a contempt petition filed in 2012 over the non-payment of wages and allowances to tea garden workers employed by the state-owned Assam Tea Corporation Limited (ATCL).
A bench comprising Justice Abhay S. Oka and Justice Augustine George Masih expressed concern over the unpaid dues of Assam’s tea estate workers and criticized both the Assam government and ATCL for the delay.
It is pertinent to note that, last year, the Supreme Court had directed the state and central governments to disburse Rs 645 crore to 28,556 workers from 25 tea gardens, 15 of which are managed by ATCL.
When the counsel for Assam called the court’s decision to summon the Chief Secretary “harsh,” Justice Oka responded, “We are dealing with dues of poor workmen. Unless we pass harsh orders, they will not get the money.”
During the hearing, Justice Oka observed that while the corporation had earned Rs 38 crore from rental income, the workers remained unpaid. The court sought clarification on whether any part of the remaining Rs 4 crore would be used to clear the workers’ dues.
Justice Oka further emphasized that ATCL, being an instrumentality of the state, had a duty to ensure that workers were paid their due salaries and allowances.
The Assam government’s counsel submitted that ATCL had suffered significant financial losses, adding that several lessees of the tea estates failed to maintain profitability and eventually returned the estates to ATCL, worsening the financial situation.
Justice Oka suggested that if the state could not manage the tea estates, all properties should be sold to ensure the workers received their dues. In response, the counsel for Assam noted that there were restrictions on using tea garden land for purposes other than tea cultivation.
The case has a long history, dating back to 2006 when the International Union of Food and Agricultural Workers filed a petition before the Supreme Court demanding payment of overdue wages and benefits.
Despite a 2010 Supreme Court directive ordering the disbursement of the dues to the workers, full compliance has not been achieved, leading to the current contempt petition in 2012.
In 2020, the Supreme Court appointed a one-person committee, headed by retired Justice AM Sapre, to calculate the dues owed to the workers. The committee’s report indicated that a sum of Rs 414.73 crore was owed to the workers, while an additional Rs 230.69 crore was due to the Provident Fund Department.
The upcoming hearing on November 14, 2024, is expected to shed further light on the actions being taken by both the state and central governments to address the ongoing issue of unpaid wages for Assam’s tea estate workers.
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