Libertatem Magazine

Gauhati High Court Rules in Favour of the Tea Plantation Owners

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Case: Indian Tea Association and 17 Ors Versus The State Of Assam and 4 Ors

(Case no.- WP(C)/1491/2021)

Introduction

The High Court of Gauhati ordered in favour of the tea plantation owners and further added that the increase in the minimum wages is left at their discretion till the final decision of the court.

Facts of the case

The government of Assam has increased the minimum wages given to tea plantation workers by an interim amount of Rs. 50. Following the State Amendment to Section 5(1)(a) of the Minimum Wages Act 1948, this Notification was directed to remain in effect until the finalization of revised minimum wages.

Arguments of the Petitioners

The Appellant’s counsel argued that the notification by the government is illegal, as no committees and subcommittees have been formed requested under the Minimum Wages Act 1948. According to them the step by the Government ahead of elections is just a strategy to woo the tea plantation tribe.

Court’s Opinion 

The High Court of Gauhati opined that the liberty should be given to the petitioners to pay to the workmen any interim enhancement of their wages as they deem proper, till the issue is finally decided by the court. No coercive step should be taken against tea garden owners /companies.

Click here to view the judgment.


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