International Union Of Food Agr. vs. Union Of India Ministry Of Law And Justice Secretary

ITEM NO.5 COURT NO.8 SECTION PIL S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

CONMT.PET.(C) No. 16/2012 In W.P.(C) No. 365/2006

INTERNATIONAL UNION OF FOOD AGR. & ORS. Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s) (With appln.(s) for permission to file additional documents and office report) Date : 21-07-2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Mr. Colin Gonsalves, Sr. Adv. Ms. Gunjan Singh, Adv. Ms. Jyoti Mendiratta, AOR For Respondent(s) Mr. P.S. Narsimha, ASG Ms. Madhavia Divan, Adv. Ms. Nidhi Khanna, Adv. Ms. Rashmi Malhotra, Adv. Mr. S.K. Singhania, Adv. Mrs. Anil Katiyar, Adv. Mr. Bhaskar Gupta, Sr. Adv. Ms. Sangeeta Mandal, Adv. Ms. Swati Sinha, Adv. for M/s Fox Mandal & Co., AOR Mr. Siddharth, Adv. UPON hearing the counsel the Court made the following

O R D E R

Heard learned counsel for the parties.

Having gone through the contempt petition we feel it appropriate to direct that the Union of India shall proceed against the erring companies by calling upon the statutory authorities, namely, Provident Fund Commissioner, Officers in the District level relating to the Payment of wages under the Payment of Minimum Wags Act, Workmen Compensation Act, Plantation Labour Act,Equal Remuneration Act, 1976, Payment of Bonus Act, 1965, Employees Provident Fund and Miscellaneous Act, 1952, Payment of Gratuity Act, 1972, to issue notices to the said companies for recovery and payment of wages to the workmen for the period in question.

The afore-mentioned officers shall work under the District Magistrate and report to him about the steps that are being taken and he in turn report to the Central Government about the same.

Shri P.S. Narsimha, learned Additional Solicitor General on instructions states that the order of this Court dated 06.08.2010 shall be complied within a period of four weeks from today and action shall be taken according to the said order. The report shall be submitted to this Court about the steps that are being taken.

List the matter after four weeks.

In the meantime, issue notice to the Advocates General of the State of Assam, West Bengal, Kerala and Tamil Nadu.

2

The afore-mentioned States shall submit a report on the present status and the steps that need to be taken for recovery of the workers' dues.

Ms. Anita,, Director, Tea Planation Division, Ministry of Commerce, Department of Commerce and Industry, Udyog Bhawan, New Delhi is directed to remain present in person before this Court on the next date of hearing as well.

[ Charanjeet Kaur ] [ Indu Kumari Pokhriyal ] A.R.-cum-P.S. Branch Officer