Supreme Court summons Assam Chief Secretary over unpaid dues to tea estate workers

The Supreme Court on Monday summoned the Assam Chief Secretary over non-payment of dues to tea estate workers. [International Union of Food and Agricultural Workers & Ors v. Union of India].A Bench of Justices Abhay S Oka and Augustine George Masih asked the Chief Secretary to remain physically present in court on the next date of hearing. "We direct the Chief Secretary of the State of Assam to remain present in the Court on the next date i.e., 14th November, 2024, either physically or through video conference. The Government of Assam will have to seriously answer the question why there is no sincere effort made by the Government of Assam and ATCL to pay the dues of the workmen who have worked in the tea estates owned by the State of Assam," the Court dictated in its order.During the hearing, the Court also came down heavily on the State for making no sincere efforts to pay the dues of the workers."Why there is no sincere effort to pay the dues of workmen who have worked in tea estates of State of Assam?" Justice Oka orally said.When counsel for the State of Assam called the Court's direction to summon the Chief Secretary "harsh", Justice Oka retorted,"We are dealing with dues of poor workmen. Unless we are harsh, nothing will work out. We are okay with the concern you have raised, but it is necessary.".Counsel for the State then submitted that even the Central government has a major role to play in clearing the dues to be paid to the workers in tea estates. The Court proceeded to issue notice to the Union Ministry of Commerce and Industry."The learned senior counsel appearing for the State of Assam states that even the Union of India has a role to play in clearing the over due amounts payable to the tea garden workers. He states that the Department of Commerce is the concerned department of the Union of India. We, therefore, issue notice to the Secretary of the Department of Commerce, Ministry of Commerce and Industry, Government of India, returnable on 14th November, 2024," the Court ordered.It also called for personal presence of the Managing Director of the Assam Tea Corporation Limited.The matter will now be heard on November 14..Back in 2023, the Court had directed the Central government to pay dues to tea garden workers in Assam to the tune of ₹645 crore.The Court had issued the order in accordance with statutory dues under the Tea Act, as well as considering pending provident fund (PF) contributions..The order was due to cover around 28,556 workers of 25 tea gardens in the State. 15 of these gardens are owned by the State-run Assam Tea Company Limited..The petitioners - International Union of Food and Agricultural Workers and the Paschim Banga Khet Majoor Samity - along with two other tea garden worker unions, had first moved the Supreme Court in this regard in 2006.That petition was disposed of in August 2010, with the top court directing the Central government to disburse the statutory dues within six months.The present contempt plea was filed in 2012 after this 2010 order was not complied with. A one-person committee headed by retired Supreme Court judge Justice AM Sapre was subsequently constituted by the apex court. Its report that was considered on Monday pointed out that ₹ 414,73,00,935 was payable to tea garden workers in Assam, and ₹230,69,45,663 to the PF department..Senior Advocate Gaurav Aggarwal is Amicus Curiae in this matter.Senior Advocate Nalin Kohli appeared for Government of Assam and the Assam Tea Corporation Limited (ATCL)..[Read Order].[Live Courtroom Exchange]