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)

(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 : 30-09-2024 These matters were called on for hearing today. Digitally signed by KAVITA PAHUJA Date: 2024.10.04 17:14:33 IST Reason:

CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Ms. Jyoti Mendiratta, AOR For Respondent(s) Mrs. Aishwarya Bhati, A.S.G. Mr. Sarad Kumar Singhania, Adv. Mr. Shashank Bajpai, Adv. Mrs. Rekha Pandey, Adv. Mrs. Shivika Mehra, Adv. Mrs. Ameyavikrama Thanvi, Adv. Mr. Arvind Kumar Sharma, AOR Ms. Taruna Ardhendumauli Prasad, AOR Ms. Astha Sharma, AOR Ms. Mantika Haryani, Adv. Ms. Muskan Surana, Adv. Mr. Shuvodeep Roy, AOR Mr. Deepayan Dutta, Adv. Mr. Saurabh Tripathi, Adv. Mr. Jayanth Muth Raj, Sr. Adv. Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Mr. Ajith Anto Perumbully, Adv. Mr. P. Kumaresan A.A.G, Sr. Adv. Ms. G. Indira, AOR Mr. P Gandepan, Adv. Mr. Ashwini Kumar, Adv. Ms. D Poornima, Adv. Mr. Vinod Sharma, AOR Mr. Siddharth, AOR Mr. Anshul Saxena, Adv. Mr. Harshit Manwani, Adv. Ms. Rashmi Malhotra, AOR Mr. Aishwarya Bhati, A.S.G.

Mr. Raj Bahadur Yadav, AOR Mr. Sarad Kumar Singhnia, Adv. Mr. Shashank Bajpai, Adv. Mrs. Rekha Pandey, Adv. Mrs. Ameyvikrama Thanvi, Adv. Ms. Shivika Mehra, Adv.

Mr. A. Karthik, AOR Ms. Smrithi Suresh, Adv. Mr. Arsh Khan, Adv. Mr. Sugam Agrawal, Adv.

Ms. Jaikriti S. Jadeja, AOR Mr. Shivang Goel, Adv. Mr. Ishaan Aggarwal, Adv.

Mr. Partha Sil, AOR

M/S. M R Law Associates, AOR Mr. Abhilash M.r., Adv. Mr. Sayooj Mohandas, Adv. Mr. Rajkumar, Adv. Mr. Arun Kumar, Adv. Ms. Sandra Jaison, Adv.

Mr. Colin Gonsalves, Sr. Adv. Mr. Ali Qambar Zaidi, Adv. Mr. Kamran Khwaja, Adv. Mr. Satya Mitra, AOR

Mr. Santosh Krishnan, AOR

Dr. P. George Giri, Adv. Ms. Jasmin Kurian Giri, Adv. Mr. Ginesh P, Adv. Mr. Shaji Sebastian, Adv. Ms. Mary Scaria, Adv. Mr. Vikas Sharma, Adv. Mr. P. George Giri, AOR

Mr. Gaurav Agrawal, Senior Advocate, Amicus Curiae Mr. Ravi Raghunath, AOR Mr. Manan Daga, Adv. Mr. T. R. B. Sivakumar, AOR Mr. E. M. S. Anam, AOR Mr. M.S. Vishnu Sankar, Adv.

M/S. Mitter & Mitter Co., AOR Mr. Sreegesh M.K, Adv. Mr. A. Venayagam Balan, AOR Mr. Gaurav Pal, Adv. Mrs. Meera Karta, Adv. Mr. K. V. Mohan, AOR 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 Mr. Samar Vijay Singh, AOR Mr. Vijay Pratap Singh, Adv. Mr. Hitesh Kumar Sharma, Adv. Mr. Amit Kumar Chawla, Adv. Mr. Akhileshwar Jha, Adv. Ms. Divya Mishra, Adv. Ms. Suresh Kumari, Adv. Mr. Vinod Sharma, Adv.

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

Mahabir Plantations Pvt. Ltd.

The issue is about amounts deposited by Mahabir Plantations Pvt. Ltd. The State of Kerala has submitted a report recording that the dispute between the Trade Unions and Management regarding disbursement of the dues has been resolved amicably at the Labour Commissioner's level and now a final disbursement list has been made ready. Mahabir Plantations Pvt. Ltd. has deposited further

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amount of Rs.15,00,000/- (Rupees Fifteen Lakhs Only). Now steps shall be taken by the State Government to distribute the amounts to the workers as per the final disbursement list.

POABS Enterprises Pvt. Ltd.

As regards POABS Enterprises Pvt. Ltd., learned Amicus Curie has rightly pointed out that the damages payable under Section 14B of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, (for short, 'the Act') will not be directly payable to the workers of tea gardens of POABS Enterprises, but the amount will go to Employees' Provident Fund Commissioner.

Therefore, considering the scope of adjudication of the present proceedings, we are not issuing any direction regarding distribution of the amount payable under Section 14B of the Act. This issue will have to be gone into in appropriate proceedings before the appropriate forum.

Peermade Plantations Pvt. Ltd.

We have perused the compliance reported by the State of Kerala as regards Peermade Plantations Pvt. Ltd. We direct the State to submit further compliance after three months from today.

Bethel Plantations Pvt. Ltd.

As regards Bethal Plantations Pvt. Ltd., we will consider the compliance on 9th December, 2024.

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MK John and Estate Ltd.

MK John and Estate Ltd. has sought time of six months to pay dues of Rs.2,03,44,699/- (Rupees Two Crores Three Lakhs Forty Four Thousands and Six Hundred Ninety Nine Only). Not a penny has been paid so far by the said company. The prayer for the extension for a period of six months can be considered only if a reasonable amount is paid by the company.

To enable the learned counsel appearing for the company to take instructions and make a statement, list on 9th December, 2024.

MMJ Plantations Ltd.

As regards MMJ Plantations Ltd., compliance will be considered on 9th December, 2024.

I.A. No.42086 of 2024 – Application for appropriate directions shall be considered on 9th December, 2024.

Hautley Tea Estate & Hukanpukhri Tea Estate

As regards Houtley Tea Estate – a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs Only) has been paid as per the schedule earlier accepted by this Court.

Even Hukanpukhri Tea Estate is also making payments as per the schedule accepted by this Court. Further compliance by these two companies shall be considered on 9th December, 2024.

Assam Tea Corporation Ltd.

We direct the Chairman and Managing Director of Assam Tea

Corporation Limited (ATCL) to either personally remain present in this Court or to appear through video conference. For hearing the Chairman and the Managing Director, list at the end of the Cause List on 21st October, 2024.

The Chairman and Managing Director will file his personal affidavit for placing on record, the status of all tea estates in possession of the said company. The affidavit shall be filed on or before 16th October, 2024. If some of the tea estates are fetching rent, the details of the amount of rental income and other income from the tea estate shall also be placed on record along with the affidavit. The Chairman and Managing Director to state that whether the company has explored the possibility of selling from some of the tea estates for generating of income which can be used for payment of dues to the workmen.

(KAVITA PAHUJA) (AVGV RAMU) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)