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Assam Elections 2021: How Viable are Promises of Hiking Daily Wage for Tea Workers?

Ahead of the Assam Elections 2021, the political parties have resorted to claims and promises about the rise in the wages of tea workers. 


Senior Congress leader Rahul Gandhi on his visit to Assam stated that the wages will be increased to Rs 365 for tea workers. They have included this promise in the list of five guarantees to the people of Assam. "Your wages will be increased not to Rs. 351, but to Rs. 365 within 6 hours, if Congress if elected to power in Assam," said Rahul Gandhi. 


The following statements have been countered by senior BJP leader and Assam's incumbent Finance Minister Himanta Biswa Sarma. "Rahul Gandhi used to pay only Rs 96 when he was in power. Today we are paying Rs 218," Himanta Biswa Sarma told news agency ANI.


Amid the political mudslinging, a pertinent issue of the viability of increasing wages has arisen among the tea fraternity. The Congress' claims to increase the wages within six hours of coming to power needs to be looked at from the recent Gauhati High Court proceedings regarding the notification by the Assam government raising the wages of tea workers by Rs 50.


The February 23 notification by the Assam government states the increase of wage of tea garden workers from Rs 167/day to Rs 217/day, a sum of Rs 50.


However, the notification has been challenged in the Gauhati High Court (GHC) in the Indian Tea Association vs. The State Of Assam case. 


In the first two proceedings of the court, the Gauhati HC has stated that enhancing the minimum wage by an interim amount of Rs 50 per day w.e.f. 22.02.2021 notification till finalization of revised minimum wages is illegal on grounds of Section 5(1) (a) of the Minimum Wages Act, 1948.


In respect of WP(C) 1602/2021 and WP(C) 1648/2021, the court further ordered State respondents shall not take any coercive action against the petitioners until the hearing is over.


This indicates that the owners will not be held accountable until the issue is settled for not increasing the wage as per the February 23 notification by the government.


In the second hearing, the court further stated that liberty should be given to the petitioners to pay to the workmen any interim enhancement of their wages as they deem proper, till the issue is finally decided by this Court. The court has asked to list all matters on March 23, 2021.


The illegal concerns were raised as there was no Committee/Sub-Committees have been formed as required under Section 5(1)(a) and Section 9 of the Minimum Wages Act, 1948.


Section 5(1) in The Minimum Wages Act, 1948 states that in fixing minimum rates of wages in respect of any scheduled employment for the first time under this Act or in revising minimum rates of wages so fixed, the appropriate Government shall either appoint as many committees and sub-committees as it considers necessary to hold inquiries and advise it in respect of such fixation or revision, as the case may be. 


So, Congress' claim to increase the wage might meet the same way as the current government's attempts to increase the wage did. Without consulting a committee, how the party intended to increase the wage in six hours will have to be ascertained.


G Plus spoke to a senior member of the tea fraternity who requested anonymity due to the sub-judice nature of the matter. "The price wage hike among the political parties is 'jumla' because to increase the price, you have to take into account the minimum wage act and even the balance sheets of the company. Directly quoting monetary rise won't be possible," said the member. 


The Assam Tea Tribe Students Association (ATTSA) has exuded confidence in the judiciary to solve the current wage hike proceedings. 


"The owners want to employ lesser wages that's why they are using the legal route but the courts will decide," said Dhiraj Gowala, President, Assam Tea Tribe Students Association (ATTSA).

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