On October 21, 2024, the Supreme Court of India issued a stern directive, summoning the Chief Secretary of Assam to appear on November 14, 2024. The order came in response to the ongoing issue of unpaid dues to tea garden workers in Assam. A bench comprising Justices Abhay S. Oka and Augustine George Masih expressed grave concern over the state’s failure to pay long-pending wages to thousands of tea estate workers, despite the Assam government’s responsibility.
The Supreme Court’s Concerns
The bench reprimanded the Assam government and the Assam Tea Corporation Limited (ATCL) for their inability to resolve this matter, which has caused significant distress among tea workers. Justice Oka was firm in his stance, remarking that harsh orders might be necessary to ensure workers are compensated:
Unless we pass harsh orders, the workers will not get their money.
This comes after reports revealed that while ATCL earned ₹38 crores in rental income, the tea workers were still left unpaid. Justice Oka emphasized that ATCL, as a state entity, must prioritize the wages of its employees, stating that their dues must be paid regardless of the company’s financial troubles.
Financial Struggles and Legal Battles
The Assam government argued that significant financial losses, compounded by lessees returning tea estates to ATCL due to unprofitability, were major factors in the unpaid dues. However, the Court was not convinced, noting that the workers’ welfare should come first. Justice Oka even suggested selling off the state’s tea estates to ensure the workers receive their overdue payments.
Additionally, the Court issued a notice to the Union Ministry of Commerce, after the Assam government’s counsel pointed out that the central government also bears some responsibility for ensuring the workers’ dues are paid. Justice Oka commented on the shared responsibility of the state and central governments:
We will see how one of them pays.
Long-Standing Issue
This case has its roots in a 2006 petition by the International Union of Food and Agricultural Workers, demanding overdue wages and benefits for tea garden workers. Despite a Supreme Court order in 2010 directing the payment of these dues, progress has been slow. In 2020, the Court appointed a committee led by retired Justice AM Sapre to calculate the outstanding payments. The committee found that ₹645 crores were owed to over 28,000 workers, but these funds have yet to be fully disbursed.
What’s Next?
The Supreme Court’s firm stance signals a potential resolution for Assam’s tea garden workers, who have been waiting for years for their rightful wages. The appearance of the Assam Chief Secretary before the Court on November 14 will be crucial in determining the state’s next steps.
The tea garden workers’ struggle reflects a larger issue of workers’ rights and government accountability, particularly in industries managed by state-owned entities. The outcome of this case may set a precedent for similar disputes across India.
