ITEM NO.39 COURT NO.8 SECTION PIL-W

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 MINISTRY OF LAW AND JUSTICE SECRETARY & ORS. Respondent(s)/

Alleged contemnors

(IA No. 21010/2023 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 42086/2024 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 166534/2022 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 51720/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 32939/2024 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 26896/2024 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 48295/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 136389/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 188870/2023 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 28739/2019 - CLARIFICATION/DIRECTION
IA No. 6761/2021 - CLARIFICATION/DIRECTION
IA No. 25042/2023 - DISCHARGE OF ADVOCATE ON RECORD
IA No. 67644/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 58053/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 52577/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 6763/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 185295/2023 - EXTENSION OF TIME
IA No. 50988/2024 - EXTENSION OF TIME
IA No. 92630/2018 - EXTENSION OF TIME
IA No. 42051/2024 - INTERVENTION APPLICATION
IA No. 51268/2020 - INTERVENTION APPLICATION
IA No. 48294/2020 - INTERVENTION APPLICATION
IA No. 40394/2020 - INTERVENTION/IMPLEADMENT
IA No. 39587/2020 - INTERVENTION/IMPLEADMENT
IA No. 136388/2020 - INTERVENTION/IMPLEADMENT
IA No. 188869/2023 - INTERVENTION/IMPLEADMENT
IA No. 70001/2019 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 58052/2020 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 33241/2018 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 1/2013 - PERMISSION TO FILE ANNEXURES)
Date : 05-04-2024 The petition was called on for hearing today.
CORAM :<br>HON'BLE MR. JUSTICE ABHAY S. OKA
HON'BLE MR. JUSTICE UJJAL BHUYAN

Mr. Gaurav Agrawal, Sr. Adv. (A.C.) Mr. Ravi Raghunath, AOR For Petitioner(s) Ms. Jyoti Mendiratta, AOR For Respondent(s) Ms. Aishwarya Bhati, Ld. ASG Mr. S.K. Singhania, Adv. Mr. Shashank Bajpai, Adv. Ms. Rekha Pandey, Adv. Ms. Shivika Mehra, Adv. Ms. Ameyvikrama Thanvi, Adv. Mr. Arvind Kumar Sharma, AOR Ms. Taruna Ardhendumauli Prasad, AOR Mr. Rakesh Dwivedi, Sr. Adv. Ms. Astha Sharma, AOR Ms. Mantika Haryani, Adv. Mr. Eklavya Dwivedi, Adv. Ms. Muskan Surana, Adv. Mr. Bhanu Mishra, Adv. Mr. Nalin Kohli, AAG Mr. Anshul Malik, Adv. Mr. Ayuushman Aroraa, Adv. Ms. Shruti Agrawal, Adv. Mr. Shuvodeep Roy, AOR Mr. Jayanth Muth Raj, Sr. Adv. Mr. Nishe Rajen Shonker, AOR Mrs. Anu K. Joy, Adv. Mr. Alim Anvar, Adv. Mr. P. Kumaresan, Aag, Sr. Adv. Ms. G. Indira, AOR Mr. Ashwini Kumar, Adv. Mr. P Gandepan, Adv. Ms. D Poornima, Adv. Mr. Vinod Sharma, AOR Mr. Vijay Partap Singh, Adv. Mr. Hitesh Kumar Sharma, Adv. Mr. Sandeep Singh Dingra, Adv. Mr. Akhileshwar Jha, Adv. Mr. Amit Kumar Chawla, Adv. Ms. Niharika Dwivedi, Adv. Ms. Madhumita Mishra, Adv. Mr. Siddharth, AOR

Ms. Rashmi Malhotra, AOR Mr. A. Karthik, AOR Mr. Arsh Khan, Adv. Ms. Smrithi Suresh, Adv. Mr. Partha Sil, AOR Mr. Satya Mitra, AOR Mr. Colin Gonsalves, Sr. Adv. Ms. Mugdha, Adv. Mr. Kamran Khwaja, Adv. Mr. Purbayan Chakraborty, Adv. Mr. P. George Giri, AOR Mr. T. R. B. Sivakumar, AOR Mr. E. M. S. Anam, AOR M/S. Mitter & Mitter Co., AOR Mr. Sreegesh M.K, Adv. Mr. A. Venayagam Balan, AOR Mrs. Meera Karta, Adv. Mr. Gaurav Pal, Adv. Mr. Kiritkumar Govindlal Sheth, Adv. Mr. C.M. Sundaram, Adv. Mr. Ashray Behura, Adv. Mr. Deepak Parashar, Adv. Mr. Puneet Thakur, Adv. Mr. Sanjeev Kumar Dubey, Sr. Adv. Mr. K. V. Mohan, AOR Mr. Asif Inam, Adv. Ms. Pushpam Arya, Adv. Ms. Silky Sharma, Adv. Ms. Tessy Varghese, Adv. Mr. K.V. Balakrishnan, Adv. Mr. R.K. Raghavan, Adv. Mr. K. Vinosh, Adv. Ms. Satwinder Kaur, Adv. Mr. Ankit Roy, AOR Mr. Anukul Raj, Adv. Mr. Kumar Dushyant Singh, AOR Mr. P. S. Sudheer, AOR Mr. Aneesh Mittal, AOR

Mr. Gaurav Agrawal, AOR Mr. M. P. Vinod, AOR Mr. Rituraj Biswas, AOR

UPON hearing the counsel the Court made the following O R D E R

State of Assam

1. As far as the State of Assam is concerned, the note filed by the learned senior counsel who has been appointed as Amicus Curiae shows that approximately a sum of Rs.246 crores has been transferred by the State of Assam to Assam Tea Corporation Ltd. [ATCL]. Learned counsel representing the State of Assam states that further amount of Rs.45 crores has also been transferred. Thus, the total amount available for disbursal to the workers is approximately Rs.291 crores. We direct that the disbursal of the said amount shall be made within a period of one month from today. 2. There is already an affidavit dated 09.02.2024 filed by the State of Assam in which various issues have been raised regarding compliance with the recommendations of the Committee. ATCL has also filed an affidavit on 03.01.2024. Before we deal with those affidavits and the issues raised therein, it will be appropriate for the State of Assam to reconsider the stand taken by them and to endeavour to make further amount available to ATCL so that the benefits will be available to the workers.

3. We direct the State of Assam and ATCL to file affidavits dealing with the issue of disbursal of the amount available as of today. After considering the affidavit and stand of the State of Assam, we will fix a date for going to the contentions raised by

the State of Assam provided an occasion arises to do so.

4. Now coming to the report of the Committee. As regards 10 private tea gardens from the State of Assam, we have perused the report of the learned senior counsel appointed as Amicus Curiae. As far as the first company is concerned, the Committee itself has recorded that the workmen of the said garden cannot be located. As regards Haotoli TE-Boruah & Boruah Tea Company Private Limited and Hakhanphukuri TE- Nandlall @ Sons Tea Industries, we direct the Labour Commissioner of State of Assam to verify whether the said two entities have paid the balance amount of interest on delayed payment of Provident fund. The Labour Commissioner shall also verify whether any of the workers of Haotoli TE - Boruah & Boruah Tea and Trading Limited could be traced for making payment of the gratuity amount. The Labour Commissioner shall also verify whether the balance amount of instalment of interest on delayed payment of Provident Fund dues has been paid by the Hakhanphukuri TE- Nandlall @ Sons Tea Industries.

State of Kerala

Re : M/s. Mahavir Plantations Pvt. Ltd.

5. M/s. Mahavir Plantations Pvt. Ltd. has filed IA No. 80177 of 2024 in which they sought re-scheduling of the amounts payable by them. According to the stand taken by the Company, it is willing to pay the first instalment by 30th June, 2024. The Application can be considered on merits provided the company makes payment of Rs.50 lacs by 30th June, 2024.

Re : POABS Enterprises Pvt. Ltd.

Now coming to POABS Enterprises Pvt. Ltd., a stand has been

taken in the affidavit dated 01.04.2024 by which the Managing Director has denied the liability to pay the dues on the ground that the previous management is liable to pay the dues. Before we deal with the said contention, we direct Regional Provident Fund Commissioner to look into this issue and submit a report to this Court.

Re : Peermade Plantations Private Limited

As regards Peermade Plantations Private Limited, now a sum of Rs.2,08,71,848/- (Rupees two crores eight lakhs seventy one thousand eight forty eight) is available with the Labour Commissioner for disbursement. We direct the Labour Commissioner to immediately commence disbursement of the said amount.

As regards the prayer of the State of Kerala for recovery of the said amount from Peermade Plantations Private Limited, we propose to go into the issue on the next date.

In the meanwhile, it will be open for Peermade Plantations Private Limited to file a reply to I.A. No.81957/2024.

List on 10.05.2024 for directions.

(JATINDER KAUR) (AVGV RAMU)

P.S. to REGISTRAR COURT MASTER (NSH)