The State Governments are responsible for ensuring payment of unpaid wages to workers and can recover the amounts from the employers.

ORDER :

In this case, we find that workmen, who worked for about 20 years have not been paid their wages. Their condition is pitiable and some of them have resorted to commit suicide. In some cases, these workmen are part of an unorganized Sector. In some cases proceedings have been initiated by the workmen and in some cases by the Government for recovery of dues. The amounts have been locked in litigation and without any relief to the workers. Having regard to these circumstances, we consider it appropriate to hear the State Government on the question of interim relief that may be granted to the workmen.

IN RE: ASSAM

2. The State Government has responded to the proposal in a most positive manner. Shri Maninder Singh, learned Additional Solicitor General appearing for the State of Assam has stated that there are about 16,133 retired workers and staff of the corporation, many of whom had retired over 20 year back and 839 retired persons but continuing in service. The Corporation owns 15 Tea Estates in the State of Assam. It is also stated across the Bar that appropriation, i.e., the money would be placed in the hands of the Executive within a period of 90 days. However, an MOU would be signed by the State Government and the Assam Tea Corporation during that period.

3. In these circumstances, we pass the following order:

(i) State of Assam is directed to complete the process of appropriation within a period of 60 days from today. The MOU shall also be signed during this period.

(ii) In the meanwhile, the State Government along with Corporation shall update the list of unpaid retired workers and notify them that they would pay the amounts. For this purpose the workers shall appear and have their identities and claims duly verified.

(iii) The State Government would put in hand the necessary funds of Rs. 99 Crores to the Corporation which shall disburse the said amount upon verification of these retired employees.

(iv) In case the workers have died, the amounts shall be disbursed to the legal representatives upon verification of their status by the Corporation.

(v) Upon verification of their identities and claims they shall make payment in chronological order, i.e., those who have retired earlier shall be paid before those who have retired later.

(vi) The process of verification and identification shall be commenced immediately.

(vii) The Government shall be entitled to recover those amount from all those employers whose primary duty was to pay the wages, as a revenue demand or any other efficacious manner.

We are conscious that the total number of garden whose workers are unpaid is about 22. For this purpose we consider it appropriate to pass orders in relation to other gardens after hearing the owners. The list of gardens which are not owned by the Assam Tea Corporation is as follows:

Sl. No.	Name of the Address of the Tea Estate	Name of the Address of the Company
1.	Rangoliting Tea Estate P.O. Lohoal, Dist – Dibrugarh, Assam – 786010	M/s Ganeshka Kanoi Tea Company, Mithapukhuri Road, Jorhat, Assam – 785001
2.	Wokha Tea Estate P.O. Furkating Dist- Golaghat Assam – 785610	Kharikatia Tea & Industries Ltd. CF-366, Salt Lake City Sector-1, Kolkata – 700064
3.	Haotoli Tea Estate P.O.: Hautley, Dist-Golaghat Assam-785702	Boruah & Boruah Tea & Trading Pvt. Ltd. Bordoloinagar, Sector-2, Lane-5 Tinsukia-786125
4.	Chandmari Tea Estate P.O. - Tinsukia, Dist- Tinsukia Assam – 786125	Chandmari Tea Co. (P) Ltd 37 A.T Road, Talap Bali Bazar, PO- Talap, Tinsukia, Assam-786156
5.	Gillapukhuri Tea Estate, P.O- Borguri, Dist- Tinsukia, Assam – 786126	Gillapukhuri Tea Company Ltd. 9, Brabourne Road, 3rd Floor, Kolkata- 700001
6.	Hukanpukhuri Tea Estate, P.O.- Tinsukia, Dist-Tinsukia, Assam – 78612