GUWAHATI: The Supreme Court of India has summoned the Chief Secretary of Assam to appear before the bench on November 14. The court expressed concern over the state’s failure to settle long-standing dues owed to tea garden workers, criticising both the Assam government and Assam Tea Corporation Limited (ATCL) for their lack of effort.
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The bench, comprising Justice Abhay S Oka and Justice Augustine George Masih, remarked that unless stringent measures were taken, the workers would continue to suffer. Responding to the Assam counsel’s comments that the court's orders were harsh, Justice Oka stated, “Unless we pass harsh orders, they will not get the money. We accept your fair criticism that we are harsh.”
The bench remarked, “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 case highlighted the plight of the tea estate workers, who remain unpaid despite ATCL earning ₹ 38 crore from rental income. The bench sought clarity on whether any of the remaining ₹ 4 crore would be allocated to settle the workers' dues. Justice Oka emphasised that, as a state entity, ATCL had an obligation to ensure the prompt payment of salaries and allowances.
In response, the Assam government’s counsel argued that financial losses, compounded by lessees returning unprofitable tea estates to ATCL, were to blame for the delays. However, the court suggested that if the state could not manage the estates, it should consider selling the properties to ensure the workers receive their dues.
The Supreme Court further issued notice to the Union Ministry of Commerce, after the Assam counsel claimed that the central government also had a role in resolving the matter.
In 2023, the Supreme court instructed the state and central governments to disburse ₹ 645 crore to over 28,000 workers across 25 tea gardens, 15 of which are managed by ATCL.
Despite a direction in 2010 ordering the disbursement of the dues, compliance remained incomplete, leading to the contempt petition in 2012.
Despite these directives, the workers' dues remain unsettled. A committee report in 2020 revealed that ₹ 414.73 crore were owed to the workers and an additional ₹ 230.69 crore to the Provident Fund Department.
