Plantation Labour v. The Executive Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.02.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Plantation Labour Association (Affiliated with AITUC), Reg No.1659 Rep by its President T.Balakrishnan No.19/135 Eye Hospital Road Chevidipet, Gudalur The Nilgiris District.
.. Petitioner Vs 1 The Executive Director Tea Board of India Ministry of Commerce and Industry Department of Commerce Govt of India, South Zonal Office Club Road Coonoor-1 The Nilgiris District.
2 The Regional Provident Fund Commissioner Dr.Balasundaram Road Coimbatore - 18.
3 The Joint Commissioner of Labour Coonoor -1.
4 The Deputy Commissioner of Labour (Gratuity) Dr.Balasundaram Road Coimbatore - 18 5 The Manager, Vijaya Bank Corporate Banking Branch MG ROAD, Bangalore - 560 001.
6 The Managing Director Thiasholai Plantations Ltd No.2/239 Needari Thaishola Post, The Nilgiris - 643320.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st respondent by notified order, authorize any person or body of persons to take over the management of the whole or any part of the tea undertaking or tea unit of the 6th respondent of to exercise in respect of the whole or any part of the undertaking or tea unit such functions of control as may be specified in the order.
For the Petitioner : Mr.Muthusamy For the Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.Abishek Murthy Government Advocate for respondents 3 and 4 : Mr.K.Lavan for 6th respondent : No appearance for respondents 1, 2 and 5
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.Muthusamy, learned counsel for the petitioner; Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 3 and 4; and, Mr.K.Lavan, learned counsel for the sixth respondent.
2. Learned counsel for the petitioner submits that the sixth respondent has defaulted in payment of wages, gratuity, provident fund and insurance premium to the workers.
3. According to learned counsel for the petitioner, the sixth respondent is not making payment of the statutory dues to its workers. As such, the management of the sixth respondent be directed to be taken over. The sixth respondent is running a tea estate. The workers are at the mercy of the sixth respondent and as the workers are not paid their statutory dues and wages, they are in a miserable condition.
4. Learned counsel for the sixth respondent submits that the salaries are paid and only 15 days' salary is payable to the workers. The sixth respondent has undertaken to pay the same by 20.2.2024 before the Assistant Commissioner of Labour. The conciliation proceedings are pending before the Assistant Commissioner of Labour. The workers of the petitioner association are not attending work from September, 2023. The same is also recorded by the Assistant Commissioner of Labour.
5. It is further submitted by learned counsel for the sixth respondent that as far as provident fund amount is concerned, the matter is pending before the Appellate Tribunal and stay is granted on condition that 40% of the amount payable is deposited. 40% of the amount is deposited.
6. It is also submitted by learned counsel for the sixth respondent that after September 2020, the LIC premium amount is not recovered from the workers.
7. It appears that the dispute between the parties is pending before the Assistant Labour Commissioner. The conciliation proceedings are in progress and the next date is fixed on 20.2.2024. There are counter-allegations against each other. According to the respondents, the workers of the petitionerassociation are not attending the work from September, 2023. A Three-Member Committee is also appointed by the Assistant Commissioner of Labour in which the representative of the petitioner association is also there.
8. There is no dispute that the sixth respondent is required to pay the legitimate wages to the workers, so also the statutory payments. The sixth respondent is expected to pay wages regularly to the workers. The sixth respondent is also duty bound to pay the statutory dues to the workers and other dues.
9. The conciliation proceedings are also pending. The Assistant Labour Commissioner will arrive at a conclusion in the
conciliation proceedings and the conciliation proceedings be decided expeditiously.
10. As learned counsel for the sixth respondent submits that stay is operating with regard to the payment of dues of the provident fund and the same is pending before the Appellate Tribunal, no orders can be passed in respect of the same.
11. In case the exact amount due and payable with regard to the gratuity or otherwise in respect of the retired employees is worked out and the same is not being paid, then the same can be agitated afresh.
The writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, W.M.P.No.4239 of 2019 is closed. (S.V.G., CJ.) (D.B.C., J.) 13.02.2024 Index :
Yes/No Yes/No sasi
To 1 The Executive Director Tea Board of India Ministry of Commerce and Industry Department of Commerce Govt of India, South Zonal Office Club Road Coonoor-1 The Nilgiris District.
2 The Regional Provident Fund Commissioner Dr.Balasundaram Road Coimbatore - 18.
3 The Joint Commissioner of Labour Coonoor -1.
4 The Deputy Commissioner of Labour (Gratuity) Dr.Balasundaram Road Coimbatore - 18 5 The Manager, Vijaya Bank Corporate Banking Branch MG ROAD, Bangalore - 560 001.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi) 13.02.2024