Sved Chandan Hossein - SARTHAC

Sved Chandan Hossein Chamber: Advocate 6, Old Post Office Street,

Bar Association, Room No. 17, Ground Floor, Kolkata- 700001, HIGH COURT AT CALCUTTA. Ph. No. 9433294927/9831077540

Dated : 15.03.2016

To,

1) The Learned Government Pleader, High Court, Calcutta.

2) The Learned Additional Solicitor General, High Court, Calcutta.

Sub.: W.P. No. ee (W) 2016

Paschimbanga Khet Majoor Samity & Anr ..... Petitioners

Versus Union of India & Ors.

...... Respondents

Dear Sir(S),

Enclosed please find herewith the copy of the above referred writ application

along with all annexures. Please note that the said application had been listed on llth

March, 2016 and upon hearing the Hontle Chief Justice Mrs. Manjula Chellur and 144.

florale Justice Arijit Banerjee were pleased to adjourned the matter ter-tea-asses.

Please attend at the time of hearing.

This is for your information and to take necessary action.

Thanking you Yours faithfully

Advocate Endo.: As stated above.

)15TRICT . NORTH 24-RARGANTAS

IN THE HIGH COURT AT CALCUTTA.

CONSTITUTIONAL WRIT JURISDICTION

(APPELLATE SIDE)

W. P. No. e( 2 2- (W)

Subject matter relating b:

under Group - 1!0 ; He j) of the Classification List.

Cause Title Paschim Banga Khet Majoor ami

Kr Am.

Bo one

Union of India and Other:

)(IP is nis

cso/7------ Advoca sun-Record:

wed Chandan Hossais Advocate

,0(.sociation Room No High ;bort, Calcutta

7

DISTRICT : North 24-Pargnas

IN THE HIGH COURT AT CALCUTTA


(Appellate Side)

W. P. No. (..( 2 2- V (W) of 2016

In the Matter of:

Paschimbanga KhetMajoor Samity Anr

Petitioners

-Versus-

Union of India and Others ... Respondents

INDEX

Si.

No.

DESCRIPTION OF DOCUMENTS ANNEXURE PAGES

1. i Writ Petition, 1 to

2. Copy of the report of the said study. P-1

3. Copy of the copy of the letter the Special of P-2

Commissioner dated 30th August, 2015.

4. Copy of the report of the said fact finding. P-3

5. Copy of the news report. P-4

6. Copy of the report. P-5

7. i Copy of the news report. P-6

8. Copy of the true copy of the news report dated

27.10.2015.

P-7

9. Copy of the true copy of the news report. P-8

10 Copy of the Copy of the said study published

in the Economic and Political

P-9

weekly on 21.112015.

12.

Copy of the report. P10, Copy of the chart.

13. Copy of the True copy of the order passed in

the above stated application being No Writ

Petition(s) Civil No(s). 848/2015.

P12

LIST OF DATES

25th to 28th August, 2015 : Petitioner arranged for a team to study the

present situation of some of the tea gardens and

a team of three lawyers conducted the study in 5

tea gardens of Din-warts, namely Birpara,

Hantapara, Lankapara, Dumchipara and

Nageswari from 25th to 28th August, 2015 where

they found vulnerable situation of the workers.

August 2015 Commit-tee has only met once so far in the las:-

one year and is making no progress The

Government has brought out a draft notification

on minimum wages for consideration by the

Committee in August 2015, but nothing has

happened after- that.

29th August, 2015

and 30.08.2015 Mr. Harsh Mender, commissioner to the

Supreme Court of India in the right to food case,

PUCL —vs- Union of India&Ors. Writ Petition

(Civil) No. 196 of 2001, with the assistance of the

lawyers from Human Rights Law Network and

activists from the Right to Food and Work

Campaign, West Bengal visited two teagardens

on 29th August, 2015 and after such visiting he

sent a letter to Shri Sanjay Mitre, the Chief

Secretary of the Government of West Bengal on

30.08.2015

17th September, 2015 Team of lawyers and Social Activist went to

Hantapara tea, garden after getting the news of 5

deaths in the said garden.

8th September, 2015 and

15th September, 2015 aned

17th September, 2015 The team met the family members of the 3

deceased permanent teagarden workers namely

Parbati Munda (daughter of permanent worker)

who died on 8th September, 2015, Rajmon Lohar

who died on 15th September, 2015 and

Shantimoyee Kami who died on 17h, September,

2015.

22nd November, 2015 Report published in the Indian express stated

that "25 deaths in Bagrakote tea garden in North

Bengal since April got Chief Minister Mamta

Banerjee to visit the region, announce a package

and take action against the owner"

6'h December, 2015 : NDTV news report published the news of death

of $udi Kujur of Birpara tea garden.

26.10.2015 : Tea worker named Niukti Santhal, aged 44 years

died at the Bagrakote teagarden in the Dooars

27.10.2015 Telegraph reported that a tea worker died in the

Dooars from suspected lack of treatment and

food in a Duncans Goenlca estate where pay has

been irregular for at least six months and

medical facilities almost negligible, according to

a report submitted to the state government.

21 .20 5 The study was published in Economic and

Political Weekly on 21.11.2015.

4th December, 2015 Report published in the Indian Express stated

that "Two tea garden labourers allegedly died

due to starvation in Jalpaiguri district, even as

the administration maintained the caused by

prolonged illness."

: Hence, this application.

POINTS OF LAW

Whether For that the respondent authorities are not providing, food,

shelter, drinking water, medical facilities and other facilities to the

worker in accordance to the Plantation Labour act.

Whether the tea board of India is not complying with the prevailing

statute for the protection of the livelihood of the tea garden workers.

III. Whether section 2 as well as the section 16B, 16C, 16D and 16E of the

tea Act, 1953 provide the guidelines in case of failure of managements

in running tea gardens.

IV. Whether there is gross violation of article 14, 21 and 21A of the

Constitution of India.

Whether the respondent authorities are nonchallant to understand the

application of the prevailing statute enacted within the territory of the

State.

VI. Whether the respondent authorities are as callous as stone and they are

not ready to act for the protection of the Tea garden workers as per the

rules therein.

VII. Whether the actions and/or inactions on the part of the state authorities

more specifically the actions and/or inactions undertaken by the chief

secretary of the state are smacks of -vendetta.

VIII. Whether the violation of Employees Provident Fund Act, by not

depositing the provident fund by the managements of the Tea Estates.

DIS 11(ICT: NORTH 24 PARGANAS



APPELLATE SIDE

W.P. No .Gt 22 51w) of 2016

In the matter of:

Art application under Article 226 of the


And

In the matter of:

Gross violation of article 14, 21 and

21A of the Constitution of India;

And

In the matter of:

A writ in the nature of mandamus

and/or in the nature of certiorari

L

and/or in the nature of prohibition

and/or direction or directions;

And

In the matter of:

Public Interest Litigation arising due

to violation of statutory provisions of

The Tea Act, 1953;

And

In the matter of:

Public Interest litigation arising due to

violation of Plantation Labour Act,

1951;

And

In the matter of

Inaction and /or non-action on the part

of the respondent authorities;

And

3

In the matter of:

Paschimbanga. KhetMajoor

Samity, 1, shibtala Road,

Maheswarpur, Kolkata-700128;

2. Uttam Kumar Gayen, Son of

Late Sanatan Gayen, The general

Secretary, Paschim Banga Khet Majoor

Samity having his office at 1, shibtala

Road, Maheswar put Kolkata- 700128;

Petitioners

VERSUS

1, Union of India, Service through

the secretary of Department of

Commerce and Industry, Government

of India, office at Udyog Bhawan, New

Delhi — 110107;

2. State of West Bengal,service

through Chief Secretary, having office

4

at Nabanna, Sarat Chatterjee Road,

Howrah, 711102

3. Department of Labour,

Government of West Bengal, Service

through Secretary department of

labour, East India House (Second

Floor), 20B, Abdul Hamid Street,

Kolkata- 700069;

4. Labour Conunissionerate,

Department of Labour, Government of

West Bengal, service through

Chairperson, office at N.S Building

11th Floor 1,K.S Roy Road Ko&ate-

700001;

5. Joint Labour Commissioner,

North Bengal Zone, Siliguri, Pin-

734403.

6. Department of Food and

Supply, Government of West Bengal.

Service Through the Secretary, Khadya

Bhawan,11A Mirza Ghalib Street,

Kolkata - 700016;

7. Department of Health and

Family Welfare, Government of west

Bengal, Service through Secretary,

office at Swasthya Bhawan, 4th Floor,

'B' Wing, GN-29, Sector-V, Bidhan

Nagar, Kolkata- 700091, West Bengal;

8. Department of Food and Public

Distribution, Government of India,

Service through the Secretary, office at

Krishi Bhawan, New Delhi-110001;

9. Employees Provident Fund

Organisation, India through the

Commissioner, Bhavishya Nidhi

6

Bhavan, 14 - Bhikaji Cama Place, New

Delhi - 110066;

10, Public Health Engineering

Department, Government of West

Bengal, Service Through Principal

Secretary; office at 7th Floor New

Secretariat Building, 1, K.S. Road, Kol-

700001;

11. West Bengal State Electricity

Board, Service through chairperson,

46, Raja Subodh Chandra Mullick Rd,

Jadavpur, Kollcata, West Bengal

700032;

12. Panchayat and Rural.

Development Department,

Government of West Bengal, Service

through Secretary, office at, Joint

7

Administrative Building, Block 1-IC-7,

Sector-III, Salt lake, Ko!Rata- 700106;

13. Backward Classes Welfare

Department, Government of West

Bengal, service through Principal

Secretary, office at Administrative

Building, SDO Bidhannagar, 4th Floor,

DJ-4, Salt Lake, Sector-IL Kolk a ta -

700091;

14. The tea board of India, Service

through the Chairman, office at 14,

B.T.M. Sarani, Kolkata 700 001;

15. Joint Secretary, Tea Plantation

Division, Ministry Of Commerce,

Department of Commerce and

Industry, Udyog Bhawan, New Delhi

- 110107;

8

16. Director, Tea Plantation

Division, Ministry of Commerce,

Department of Commerce and

Industry, Udyog Bhawan, New Delhi

— 110107;

17. Duncan Industries Limited,

Service through the Managing

Director, Duncan house, 32, N.S. Bose

Road, Kolkata- 700001.

..... Respondents

To

The Hon'ble Mrs. Manjula Chellur, Chief Justice and Her companion

justices of this Hon'ble Court.

The humble petition on behalf of the

petitioners above named most respectfully-

SHEWETH:-

1. That the petitioner Paschirn Bartga Khet Majoor Samity (PBKMS), is a

registered trade union with a membership of 39,000 in 2014-2015 having

9

registrationnumber 24025. It has campaigned and reported on issues of

hunger and starvation for the past 10-15 years: It has researched, reported and

campaigned on hunger and starvation in closed tea gardens since 2003. It is

an active member of the Right to Food Campaign at the National Level as

well in the state. It has about 900 members at present in 4 of the closed

Duncans Gardens, and in two re-opened gardens. It also organised Round

Table on Minimum Wages in tea sector and problems of closed gardens on

30th and 31st August 2015 in Siliguri along with the Progressive Plantation

Workers Union.

2. That your petitioner arranged for a team to study the present situation

of some of the tea gardens and a team of three lawyers conducted the study in

5 tea gardens of Duncan, namely Birpara,Hantapara, Lankapara,

Dumchipara and Nageswari from 25th to 28th August, 2015 where they found

vulnerable situation of the workers. That petitioner craves leave to consider

the study report as the reflection' of all other tea gardens in the territory of

West Bengal and these 5 tea gardens should be considered as representatives

of all other tea gardens. Therefore all the managements of tea estates are

equally liable for the present situation of life and livelihood of all the tea

gardens.

10

The report of the said study is annexed hereto and marked as

Annexure- P/1.

3. That the said fact — finding report clearly found the vulnerable

situation of the workers. Because of not getting wages they are not being able

to maintain themselves. Every day they are living without any food, as they

are also not provided with rations by the management for the last seven to

eight years therefore the scenario is becoming gloomier day by day and the

people are suffering from the situation of hunger. •

4. That in these tea gardens there are no proper drinking water facilities

for the dwellers. People have to walk at least an average 1 to 2 kilometre to

fetch drinking water, Also the source of the water is either a mountain stream

or nearby small river. That the management authority did not provideany

drinking water facility to the tea garden workers and few existing tube wells

are also dysfunctional and the tea garden workers get drinking water at an

interval of 15 to 20 days.

5. That the tea garden hospitals, were very inadequate from the day of its

commencement and the tea garden workers even in cases of petty health

issues had to travel a long distance for proper treatment. The number of

11

doctors and nurses was very less. At present, since the very beginning of the

year 2015 the medical facilities in all the garden has been abruptly stopped by

the management and the workers are dying without any medical treatment.

On other hand the state goverrunent run health centres are more or less

dysfunctional

6. That though as per the provision of the Plantation Labour Act the

management is supposed to provide the tea garden workers with housing

facilities but in most of the cases such provision has been blatantly violated by

the management and most of the tea garden workers somehow managed to

have a house out of their limited wages. The provision also explicitly

mentions about the responsibility on the part of the management to maintain

and repair the houses of the Tea Garden workers but unfortunately the

management did not accomplish the same and the workers also have no other

means to repair their damaged house by themselves.

That the management used to pay part of their wages in kind, as food

grains, but has abruptly stopped the distribution of ration to which the

workers are entitled for last seven to eight years. This also added up the

situation of starvation in.these tea gardens.

12

8. That the people in the teagarden are not being provided with 100 days

works under Mahatma Gandhi National Rural Employment Guarantee Act.

Though some people in these garden got work under the said Act but they

are not getting their wages.

9 It is pertinent to mention in this context that the Tea Garden workers

are getting only Rs 121 as daily wages which is even lower than the minimum

wages specified by the Government which is adding up to their vulnerable

situation. Management is compelling the workers Union to accept

substandard wages and thereby not implement minimum wages in statutory

It is pertinent to mention here that the Horible Governor of West

Bengal is pleased to constitute the Minimum Advisory Committee for the

state of West Bengal to hold enquiries and advise the state government in the

matter of fixing and revising the rates of wages payable to the employees

employed in plantation of tea in the state of West Bengal.

The Committee has only met once so far in the last one year and is

making no progress. The Goverrunent has brought out a draft notification on

13

minimum wages for consideration by the Committee in August 2015, but

nothing has happened after that.

10. That Mr. Harsh Mander, commissioner to the Supreme Court of India

in the right to food case, PUCL -vs- Union of India&Ors. Writ Petition (Civil)

No. 196 of 2001, with the assistance of the lawyers from Human Rights Law

Network and activists from the Right to Food and Work Campaign, West

Bengal visited two teagardens on 29th august, 2015 and after such visiting he

sent a letter to Shri Sanjay Mitra, the Chief Secretary of the Government of

West Bengal on 30:08.2015. In the said letter the commissioner explained the

vulnerable situation he has observed in the teagardens and requested the

chef secretary to adopt some measures to stable the deadly situation in the

gardens.

The copy of the letter of the Special Commissioner dated 30th August,

2015 is annexed hereto and marked as Annexure - P/2.

11 That after such letter by the special commissioner to the chief secretary

of the government of West Bengal, the government is claiming that they have

allotted food for the workers under Antodyay Annapurna Yojana(AAY)

category through Public Distribution System from September, 2015. But in

14

fact it is found by another fact-finding team that people are not getting ration

properly, distribution of ration has only been started for the permanent

worker and not the temporary worker and non-tea garden worker and the

dependant of the permanent workers are also not getting ration. As a result of

this another 5 starvation deaths occurred in the month of September, in

between 8th to 17th September.

It is also pertinent to mention here that the AAY rations amounting to

35 kgs food grains per family or 7 kgs per head per month would give each

person 233 grams of foodgrairts per day, amounting to only 779 calories,

which is much less than the poverty line requirement of 2400 calories.

As per Indian Council of Medical Research (ICMR) norms for

moderately active male require 2700 calories each adult should get 14 kgs

Food grams per month or 50 kgs per family, Oils 800 grams per month or 2.8

kgs per family, Pulses 1.5 kgs per head per month or 5.25 kgs per month.

12. That after the above mentioned fact-finding which was conducted form

25th August to 28th August a team of laWyers and Social Activist went to

Flantapara tea garden on 17th September, 2015 after getting the news of 5

deaths in the said garden. The team met the family members of the 3

15

deceased permanent teagarden workers namely Parbati Munda(daughter of

permanent worker) who died on 8th September,2015, Rajmon Lohar who died

on 15th September, 2015 and Shantimoyee Kami who died on 17th September,

2015. All these deaths happened because of starvation and lack of medical

treatment.

The report of the said fact finding is annexed hereto and marked as

Annexure-P/3.

13. It is also pertinent to mention in this context that the fact finding team

of activists and lawyers met a few family members of tea garden workers

who were suffering from Tuberculosis and also got to know out of the said

fact finding that many tea garden workers died due to Tuberculosis and

without any treatment in that respect.

14. That in a subsequent study the consisting team members met the

family members of the 3 deceased persons and it was very clearly found that

all three persons died only because of improper nutritious food and without

medical treatment.

15. That it is very much clear from both the study reports that the situation

of the workers became more vulnerable after stopping wages and all other

facilities to which the workers are legally entitled.

16

16. That a report published in the Indian express dated 22nd November,

2015 stated that "25 deaths in Bagrakote tea garden in North Bengal since

April got Chief Minister Manta Banerfee to visit the region, announce a

package and take. action against the owner"

The said news report is annexed hereto and marked as Annexure -

17. That the report of the Times of India dated 4th December published that

an International Fact Finding Mission also found that the workers in north

Bengal tea estates lives sub-human lives, with neither the government nor the

garden authorities taking measures to mitigate their plight.

The said report is annexed hereto and marked as Annexure P/5.

18. That a NDTV news report dated 6th December, 2015 published the

news of death of Budi Kujur of Birpara tea garden. The 45 year old worker

was sick and advised to go to a Hospital 130 kilometre away. She could not

follow the advice as she got no wages and had no money to travel that

distance.

17

The said news report is annexed hereto and marked as Annexure - P/6.

19. That on 26.10.2015 a tea worker named Mukti Santhal,. aged' 44 years

dfred at the Bagrakote teagarden in the Dooars. The deceased was a

permanent worker in the tea garden of Durtcans Industries limited. The

Telegraph, dated 27.10.2015 reported that a tea worker died in the Dooars

from suspected lack of treatment and food in a Dui-warts Goenka estate where

ply has been irregular for at least six months and medical facilities almost

negligible, according to a report submitted to the state government.

The true copy of the news report dated 27.10.2015 is annexed hereto

and marked as Annexure - P/7.

2O. That the illegal stoppage of wages, ration. Medical facilities by the

management caused at least eight deaths from Bagrakote Estate in Malbazar

in a short span of six weeks. These deaths have also been reported in

newspapers, the report published in Times of India, Kolkata dated 27.10.2015.

The true copy of the news report is annexed hereto and marked as

Annexure - P/8.

21, That a. study conducted by Sharit K. Bhowmik, Faculty Rajiv Gandhi

Center for Contemporary Studies, University of Mumbai reveals that since

18

2000 several thousand tea workers or their family members have reportedly ,

died due to starvation in seventeen close tea plantations in Jalpaiguri and

Alipurduar Districts. The study highlights that during the visit to thE,

plantations in. West Bengal the main issues before the workers were wages

and rations, where in one plantation the workers are not receiving rations for

as many as 52 weeks. The said study was published in Economic and Political

Weekly on 21.11.2015.

Copy of the said study published in the Economic and Political weekly

on 21.11.2015 is annexed herewith this instant application and marked as

Annexure - P/9.

22. That the report published in the Indian Express dated 4th December,

2015 stated that "Two tea garden labourers allegedly died due to starvation in

Jalpaiguri district, even as the administration maintained the caused by

prolonged illness."

The said report is annexed hereto and marked as Annexure — P/10.

23. That on the basis of different newspaper report and the aforesaid fact

finding, the petitioner prepared a chart of 33-starvation death. The said chart

is annexed hereto and marked as Annexure-P/11.

19

24. That a study made by the labour department of government of west

, Bengal clearly depicts the vulnerable situation of the Tea gardens Tea

garden workers. In the said study the contention of the petitioner has been

corroborated.

The petitioner craves leave to submit the booklet published by the

government of West Bengal, Labour welfare Department at the time of

hearing for Your Lordships kind perusal.

25 That the Synopsis on Survey of Tea Gardens conducted by Regional

Labour Offices under the jurisdiction of Joint Labour Commissioner, North

Bengal Zone, being the Respondent No.5 is an exhaustive survey which

dearly depicts that no constructive step was undertaken hi the past and the

situation is continuing till date. The said survey includes the working

conditions, livelihood, housing, health etc. of workmen engaged in tea estates.

That Your Petitioner craves leave for production of the study conducted by

Respondent No.5 at the time of hearing of this instant petition.

zb The said survey conducted by the Respondent No.5 states that m the

hill areas wider Darjeeling Sub division there are 46(Forty Six) Tea estates,

20

under Kurseong Sub Division there are 29(Twenty Nine) Tea Estates, under

Kalimpong Sub division there are 06(Six) tea estates. In the terrain Region

under the Siligtui sub division there are 45(Forty Five) tea, estates. In the

Dooars area, under the Jalpaiguri Sub Division there are 33(Thirty three) Tea

Estates, tinder the Malbazar Sub division there are 56 (Fifty Six) Tea Estates,

under the Alipurduar Subdivision there are 61($ixty one) Tea Estates that is in

total there are 276(Two hundred and seventy six) tea estates.

27. As per the housing is concerned, the survey conducted by the

Respondent No.5, _states that 95,835 workmen are yet to be provided with

houses, 06 (six) tea estates (03 in hills and 03 in Dooars) have not provided

even single house to their workers, there are 51 Tea estates who could not

provide house to 50%(fifty percent) or more workmen, the workmen of 10 Tea

Estates are the worst sufferer as near 20%(Twenty percent) of them could not

be provide their houses.

28. The said survey conducted by the Respondent No.5 also explicitly

states about the total expenditure incurred on new construction of, Repairing

and maintenance of houses for the workers, where it could be found that as

far as the subject of housing is concerned in the year of 2009, 53(Fifty Three

tea estates) did not spend a single penny, in the year of 2010, 50(Fifty) tea

21

estates did not spend a single penny, in the year of 2011, 48(Forty Eight) tea

estates did not spend a single penny, in the year of 2012, 62(Sixty two) tea

estates did not spend a single penny.

29. The said survey conducted by the Respondent No.5, also focused on

the issue that in last 4(Pour) years that is from 2009 to 2012 the employers

have spent Rs. 59,49,08,112 towards the construction of new houses, repairing

and maintenance. That by calculatirtg the average cost per annum per worker

the survey report states that an amount of Rs. 893 has been incurred on the

subject of housing for each workman per annum, which seems to be very

nominal. The survey also highlighted on the issue that the Permanent

workers of the Tea Estates have been considered as industrial worker and

they have been enlisted as APL due to which they are not eligible for Indira

Avas Yojana (IAY).

It is pertinent to mention here that most of the tea gardens workers

were brought to the tea growing area as indentured labour from Chota

Nagpur, Bihar, Nepal and other parts of India 150 to 200 years ago. They were

provided houses on land that is Government land but is leased out to garden

management. Since then, 4 to 5 generations have been living in the same

houses and continue to work in the tea gardens. Despite this, the houses still

22

belong to the management and every family can be evicted at the will of the

management. This renders the tea garden workers into bonded labour of a

kind- they are forced to work in sub human conditions because they have no

house or even their own village to go to. If they do not agree to work for low

wages etc. or if they protest, the management evicts them.

30. The survey conducted by the Respondent No.5, also states that the

houses of Tea Estates at Dooars, namely Tasati Tea Garden, Sorugaon Tea

Garden, Dharanipur Tea Garden, Bamandanga Tea garden, Canon Tea

Garden, Hilla Tea Garden, Surendra Nagar Tea Garden, Ramjhora Tea

Garden, ICathalgtui Tea Garden, Dima Tea Garden, Chinchula Tea Garden

and Raimatong Tea Garden are under complete darkness because of no

electricity provided by the management.

It is pertinent to mention here that the fact - finding team of activists

and lawyers after questioning the tea garden workers got to know that the

management used to deduct a lump sum amount of Rs 600 - 700 monthly

towards the cost of electricity from their wages which also contributed to

their state of hunger.

23

11 The said survey conducted by the Respondent No.5, states that he

workmen of tea estates suffer badly for supply of drinking water both in

quality and quantity. 1,32,379 out of 1,66,591 houses are covered under

supply of drinking water by different methods like Deep Tube Wells, hand

Tube Wells, Ring Wells, Kucha wells, pipelines etc. Out of 276 Tea Estates,

"Sajal dhara" as introduced only in 61 Tea Estates. The surveys moreover

state that the Tea Estates of hill areas that is Darjeeling, Kurseong and

Kalimpong subdivision have severe scarcity of drinking water. Natural

Spring water and Jhora are the only sources of water. Most of the Tea Estates

of Hill areas have not properly distributed the sources through pipelines.

In respect of the said subject of the drinking water facilities the

abovementioned Study teams conducted by the lawyers and activists, found

that in most of the Duncan Industries Limited owned Tea Gardens, those

different methods of drinking water are totally dysanctional and the said

study team is apprehending that situation is: almost similar in all other tea

gardens due to inaction and/or non-action on the part of the Respondent

authorities.

32 As far the subject of Health and Medical Facility is concerned the

survey conducted by the Respondent No.5, states that out of 273 Tea Estates

24

only 166 Tea estates have hospitals. Out of these 166 Tea Estates only 56 Tea

Estates have full time residential doctors. Other 110 Tea Estates hospitals

depend on visiting doctors. Out of doctors of 166 Tea estates Only 74 doctors

have degree of MBBS, others are non — MBBS. Out of 166 Tea. Estates having

Hospitals, 116 hospitals have not any nurse. The said survey specifically

states that 107 Tea estates (Hill — 64, Terai — 20 and Dooars - 23) have not any

hospital, out of 273 Tea Estates, 85 Tea Estates have not any dispensary, 10

Tea Estates neither have any hospital nor have any dispensary, Out of 273 Tea

estates Primary Health Center exists in only 160 Tea estates, 113 Tea Estates

(Hill- 38, Terai- 23 and Dooars-52) have not any existence of Primary Health

Center, Out of 273 Tea estates, 160 Tea estates provide ambulance. Many of

these ambulances are not up to the standard.

33 As far the subject of Labour welfare Officer is concerned the survey

conducted by the Respondent No.5, states that there is no Labour welfare

officer in 175 Tea estates. The survey depicts that few of the Labour welfare

officers are not professionally qualified and in few tea estates the recruitment

of the labour welfare officers are still under process from which it is quite

apparent that the process of recruitment is unnecessarily delayed and due to

such slackened behaviour of the respondent authorities the plight of the

workmen are not taken care of.

25

34. That as far the subject of Canteen is concerned the West Bengal

Plantation Labour Rules, 1951 specifically states that every plantation wherein

workers are ordinarily employed, the employer shall provide and maintain a

canteen or canteens with facilities for sale of tea and snacks to workers, but

the said survey conducted by the Respondent No.5, and the study report both

clearly depicts that the respondent authorities have blatantly failed to

implement such provision already in force. The survey states that 125 tea

estates have no canteen.

35. As far as the subject of Crèche is concerned the said survey conducted

by the Respondent No.5, clearly depicts that in 3(three) tea estates there is no

crèche, the crèche of Bhagotpur Tea Estate does not have any attendance for

the children, drinking water is available in the creches of 144 Tea estates out

of 270 Tea estates, Milk is supplied to the children in the crèches of 144 tea

estates out of 270 Tea estates, latrine exists in the crèches of 119 tea estates out

of 270 tea estates, washing arrangement exists in the creches of 133 tea estates

out of 270 tea estates. That the aforementioned study team found out that the

Duncan industries owned tea estates does not have any crèche as per the

provision of the West Bengal Plantation labour act 1951.

26

36. As far as the provision of school for children is concerned, though there

is specific provision for standard educational facilities for children of

employed workers between the ages of six and twelve, still no such

implementation has been done by the respondent authorities. The said survey

conducted by the Respondent No.5, clearly states that out of 273 tea estates

231 tea estates is not having any provision for school. The wards of the

workmen of the remaining 42. tea gardens go to nearby schools for education.

37. As per the said survey conducted by the Respondent No.5, it is

admitted by the government that in the year 2009-10, 24 tea estates, in the

year 2010-2011, 18 tea estates, in the year 2011-2012, 13 tea estates and in the

year 2012-2013 41 tea estates did not deposit any amount towards Provident

Fund Contribution. It is also stated in the said survey report that in 46 Tea

Estates total due of Provident Fund on the part of workers' contribution is Rs.

17,14,02,978 (Seventeen Crores Fourteen lakhs Two Thousand Nine Hundred

and Seventy Eight) and in 55 Tea Estates total due of Provident Fund on the

part of managements' contribution is Rs. 33,79,11,088(Thirty three core

seventy nine lakhs eleven thousand and eighty eight.)

38. As far the subject of gratuity is concerned the survey of the Respondent

No.5 clearly states that in the year of 2009 2010, 46 tea estates did not pay

27

gratuity to any workmen, in the year of 2010 - 2011, 39 tea estates did not pay

gratuity to any workmen, in the year of 2011-2012, 30 tea estates did not pay

gratuity to any workmen, in the year of 2012- 2013, 66 tea estates did not pay

gratuity to any workmen, in total the survey states that 22 tea estates did not

pay gratity to any workmen in last four years.

39. The Petitioner regrettably states that the fall in income and this

abandoned situation of the Tea estates has had serious consequences for the

diets of the workers. The fact - finding team of the lawyers and activists

conducted a research work on the diets of the tea garden workers where 14

families from 4 tea estates were questioned about their food intake at present.

For 10 of these families, diets before closure were also documented.

40. The accepted poverty line in India has been 2400 calories for rural areas

and 2100 calories for urban areas. However, the said research which was

conducted by the team of activist and lawyers clearly showed that 10 of the 14

families are consuming less than 1800 calories per day and 7 less than even

1400 calories. So it is clear from the above-mentioned fact that the level of diet

of the tea-garden workers is the level of starvation as per the medical

definitions. 9 families out of the 10 families for hom comparisons were

made showed a fall in number of calories consumed. For all the families

28

where comparisons were made, consumption of meat, eggs, pulses and

cooking oil had been reduced to practically nil, though all of them used to

consume some or all of these items before closure. For all families where

comparisons were made, intake of fruit and milk was unheard of both before

and after dosure, which also reflects on the very poor wages of the workers.

There were also 4 families that consumed less than 1800 calories even before

closure, reflecting on low wages in the industry.

41. That the lease of the land of the tea gardens granted to the Duncan

Industries Limited has expired on several dates as given below:-

Lankapara TG Date of lease expiry 22.6.2006

GairgandaTG Date of lease expiry 20.9.1995

Hantapara TG Date of lease expiry 3.12.2004

TulsiparaTG Date of lease expiry 18,4.2004

DumchiparaTG Date of lease expiry 13.9.2004

Bagrakote TG Date of lease expiry 24.2.2006

Killcote TG Date of lease expiry 24.8.1995

Nageswari TG Date of lease expiry. 31.10.2062

Birpara TG Date of lease expiry 27.6.2008

Dirndima TG Date of lease expiry 23/.2000

This is true of many tea gardens in the State.

29

42. That under section 2 as well as the section 16B, 16C, 16D and 16E of the

tea Act, 1953 provide the guidelines in case of failure of managements in

running tea gardens. In case of above facts and circumstances your petitioner

established the complete failure of all the managements of all the tea gardens

within the territory of West Bengal and it is crystal dear that such failure

leads to the present vulnerable situation of the tea gardens. Therefore this is

the fit case for application section 2 as well as section 16 B, 16 C, 16 D and 16 E

of the Tea Act, 1953.

43. Being aggrieved by the above stated situations your petitioner

preferred an application being No Writ Petition(s) Civil No(s). 848/2015

before the Hon'ble Supreme Court of India under article 32 of the

Constitution of India and upon hearing of the matter their lordships Hon'ble

The Chief Justice ,Hon'ble Mr. Justice A. K. Sikri and Hon'ble Mr. Justice R,

Banumathi, directed your petitioner to appear before this. Hon'ble Court

under article 226 of the Constitution of. India for proper relief.

True copy of the order passed in the above stated application being No

Writ Petition(s) Civil No(s). 848/2015 is annexed hereto and marked as

Annexure — P/12.

30

44. In the above facts and circumstances your petitioner prefers this Instant

Public Interest Litigation with some grounds amongst others

GROUNDS

For that the respondent authorities are not providing, food, shelter,

drinking water, medical facilities and other facilities to the worker in

accordance to the Plantation Labour act.

II. For that the' tea board of India is not complying with the evailing

statute for the protection of the livelihood of the tea garden workers.

III. For that section 2 as well as the section 1613, 16C, 16D and 16E f the tea

Act, 1953 provide the guidelines in case of failure of manag ents in

running tea gardens

IV For that there is gross violation of article 14, 21 and 21 of e


V. For that the respondent authorities are nonchallant to unders M the

application of the prevailing statute enacted within the territor of the

State.

31

VI. For that the respondent authorities are as callous as stone and they are

not ready to act for the protection of the Tea garden workers as per the

rules therein.

VII. For that the actions and/or inactions on the part of the state authorities

more specifically the actions and/or inactions undertaken by the chief

secretary of the state are smacks of vendetta.

VIM For that the violation of Employees Provident Fund Act, by not

depositing the provident fund by the managements of the Tea Estates.

IX. For that the violation of the Gratuity Act, by not paying the gratuity to

the retired workers for so long.

X. For that the gross violation of statute causes lawlessness in the tea

gardens thereby causes death.

XI. For that the violation of Section 16 B, C, D and E of the Tea Act 1953

causes the vulnerable situation of the Tea Gardens.

32

45. That this application is made bona fide for the public interest at large

and for the people who could not file a case against the management of tea

gardens.

46. That unless the prayers are not granted to the distressed workers of the

tea garden the scenario at large would be adversely affected.

47. Your Petitioner submits that no other application/applications is

pending before arty other court of law on the self-same cause of action.

In this premises Your Lordships would

graciously be pleased to issue:-

a. A writ in the nature of mandamus

directing upon the respondents, their men

agents, subordinates, assigns, to immediately

comply with the law provided under Tea

Act, 1953 and the law provided under

Plantation Labour Act, 1951 simultaneously

and do all things for protection of life and

33

livelihood of tea garden workers as well as

the tea garden dwellers;

b. A writ in the nature of mandamus do

issue directing the respondents their men

agents, subordinates, assigns to ensure that

the minimum intake of 2400 calories per day

per persons is ensured and necessary

arrangements be made to supply food

materials to each and every workers and/or

its associates and/or dwellers to prevent any

further death due to starvation and/or

malnutrition.

c A writ in the nature of mandamus

,directing upon the respondents, their men

agents, subordinates, assigns to provide all

the dues including provident fund, Gratuity,

Pension and wages to the Tea garden

workers immediately;

34

d. A writ in the nature of mandamus


agents, subordinates, assigns to ensure that

minimum wages are enforced irrespective of

bipartite and/or tripartite settlement, if anv,

contrary to the statutory provisions viz. The

Minimum wages Act, Employees Provident

Fund Act and such other similar welfare

legislature.

e. A writ in the nature of mandamus


agents, subordinates, assigns to immediately

give all the Tea Garden population the

Antodyay Annapurna Yojana(AAY) rations

properly under National Food Security Securit act,

2013;

A writ in the nature of mandamus


agents, subordinates, assigns, to pay all the

35

due wages under Mahatma Gandhi National

Rural Employment Guarantee Act, 2005 as

well as for implementation of the said Act;

g. A writ in the nature of mandamus


agents, subordinates, assigns, to provide

Electricity to all the houses of the tea garden

workers;

h. A writ in the nature of mandamus


agents, subordinates, assigns to establish and

run medical health centre for all the tea

garden population;

i. A writ in the nature of mandamus do

issue an order for constitution of an expert

Committee to find out the basic reasons for

such a pitiable condition of the tea gardens in

36

spite of tea being one of the most valuable

commodities in the world.

A writ in the nature of certiorari do


agents, subordinates, assigns to produce all

the records lying in their custody so that the

conscionable justice can be done;

k A writ in the nature of certiorari do


agents, subordinates, assigns to prevent all

kinds of illegal occupiers and/or trespassers

within the Tea Garden areas,

1. Pass an order fixing an interim

minimum wage and every year the interim

minimum wage should be revisited until the

final minimum wages is fixed;

m. Pass any interim order for the

protection of life and livelihood within the

area of tea gardens;

37

n. Rule nisi in terms of prayers 'a' to 'm'

as above;

o. Pass any other further order and/ or

orders and your Lordships deem fit and

proper;

And for this act of kindness your petitioner as in duty bound shall ever pray.

I certify that Uttam Kumar Gayen, being

the petitioner no.2 herein duly authorized

to sign this affidavit.

Advocate

38

AFFIDAVIT

1, Uttam Vriar Gayen, Son of Late Sanatan Gayen, aged about 50 years,

by faith- Hindu, by profession- Social Activist, residing at Ghosher Chak, Uttar

Lakshminarayanpur, Mathurapur, District- South 24-Parganas, Pin- 743354, do

hereby solemnly affirm and say as follows :

1. That .I am the Petitioner No. 2 and the General Secretary, Paschim Banga

Khet Majoor Samity, being the Petitioner No.1 in the instant application and I am

fully acquainted with the facts and circumstances of the case out of which

present application arises. I am competent to sign, verify, and affirm this affidavit.

2. That the statements made in part of paragraphs 1, 6:to —16 (0,25,2•7

33)+2 are true to my knowledge, those made in part of paragraphs 1,10M-, L6), L )1-2t 30 94.1g1 are my .information derived from the Records, which I verily

believe to beTrue, and the rest are my humble submissions before this Hon'ble

Court.

Prepared in my office The Deponent is known to me SA* `g•e41 btr'P

Advocate. Clerk to :

I certify that all annexure are legible Advocate

Advocate

Solemnly affirmed before me on

this the 30day of March, 2015.

Commissioner.

exo e; Ignoring Hunger

the Situation In Duneans Tea Estates in No; tl Bengal

September 2015

1Right to Food And Work Campaign — West Bengal

Ballygunge Place, Kolkata- 700129 Email:- rtfwestbengal@gmail,c .arn

F)

O

Ignoring Hunger

Report on the Situation In Duncans Tea Estates in North Bengal

A strange situation has arisen in North Bengal- 15 tea estates owned by one the premier companies in tea, Duncans Industries Private Limited, are in a state of limbo. They are neither closed nor open in the usual sense of the terms, with frightening consequences for the workers on the estates. This situation has added one more chapter to the shameful history of

hunger in the tea industry.

Our attention was drawn to the situation there by various reports of hardship and starvation

in the estates, It led to a study in which members of the Right to Food and Work Campaign

— West

Bengal and Human Rights Law Network partiCipated, 'followed subsequently by intervention of the Supreme Court's Special Commissioner on Right to Food. We give below the main findings from our study.

Extent of the Problem

During the last severe crisis in the North Bengal estates in 2003-04, at the peak over 30 estates werciclosed.

Later, till 2010-11, about 14-15 estates were closed. The situation of miner

thatmay soon lead to starvation deaths hi the Duncans' estates is comparable with that severe crisis, with 15

estates closed at present. For 12 estates for which Government data from a 2013 survey is available, the number of workers affected

is 18,323, the number of families of workers affected are 11,196, and the total

population affected is 74,190.

The amount of land that has been impacted is 10798.43 hectares, with 6770.63 being the plantation area for these 12 plantations. The estates produced 1,49,38,997 kgs of made tea in 2010-11

and 1,29,16,080 kgs in 2011-12. From 2009 to 2011, these 12 estates created one and half crores person

days of work, (1,51,56,334 person days) This amounts to about 50 lakh person days per year.

Despite the large numbers involved, there is not much Of hue and cry as yet, probably

because a humanitarian crisis has still not arisen. Media has still not started reporting on deaths that

are taking place. It is almost as if everyone is waiting for a full blown crisis before they responds.

Closed or Open? A Gray Area

CUM

of three lawyers ,Jamir Khan, Sayanti Sengupta and Debapriya Mukherjee visitted six Tea Estates, namely Birpara, Lankapara, Hantapara, Dunichipara, Nagaisuree and Kilkott Tea Estates. They documented tonditions there from 2.5th to 28'h August 2015. This was later followed up by a visit to Killcott and Nagaisuree on 29" August 2015 by the

Supreme Court's Special Commissioner on Right to Food, Simi Harsh Mander and the West Bengal Advisor to the Commissioner, Anuradha Talwat Ms-report is based on these visits and on information available in the West Bengal Government's Survey of Tea Gardens conducted by Regional Lebow Offices under:jurisdiction of John Labour Commissioner, North Bengal Zone in 2012-13.

ck_

One of the other reasons why the crisis in the Duncans estates is not drawing a lot of attention is because the gardens remain in a state of semi-closure. Management

has still not totally abandoned the estates. In every garden, there is some amount of staff

still present. Many of them are staying on because they still hope to get their life's

savings, like Provident Fund , pension etc., back front the company. For all staff, 14 months of salary has not been paid.

The managpment, including the owner himself, has also been attending tripartite

meetings ana has been giving dates and deadlines for re-opening and for payment of back wages. Union leaders are frustrated

by the management's response, as they continue to give assurances that the estates will be re-opened, while there is little actual action towards re-opening. At the same

time, the company is still searching for new avenues of getting capital together to re-start full scale production.

The workers and most people in the skeletal management staff blame the age of the bushes for

the crisis. They present a picture of aging bushes, with practically no investment in new plantation by the employer, For example 80% of the bushes in Hantapara are alleged to be about 100 years old.

Around 30 to 32 hectares of plantation have been uprooted there in the last four years for replantation, but the same has not happened yet. The Government study also shows the same where for12 gardens, 321.27 hectares were uprooted but only 228.41 were replanted.

The workers believe surpluses have been extracted from the gardens and invested

elsewhere. Loans have also been taken from the Tea Board and Government for re-planting but have not been invested in the garden.

The staff that is still in the gardens has been organising plucking of green leaves, along with some union leaders.

Workers are being paid Rs.4 per kg of green leaf; with no other benefits. In Lankapara, 122 workers have been employed and have been harvesting around

6735 kg per day. From 29th June to 5th July, 2015, the same workers got paid at the rate of Rs.122/- per day as per the latest tripartite agreement. In Hantapara, 300 to 400 workers are engaged in "cash plucking"; in Birpara, 150 workers; in numchipara, about 250-300 workers, while in Nagaisuree, 300 permanent workers have been employed in this manner. The manager/ s4rsells these leaves for Rs.10-12 per kg to middlemen. The surplus is being used to pay the staff and to maintain some minimal services. No money is being spent however on the maintenance of the bushes. We were told that the middlemen were making huge profits selling the leaves at Rs.20-25 to open gardens. We also heard rumours and allegations of manipulation of accounts by the staff and of a situation of anarchy in general.

Regular wage payment was stopped after February 2105 in most estates and after April 2015 in Nagaisuree and Dumchipara. None Of the benefits that are generally extended to workers in the tea industry are available In the 5 estates that were studied in detail,

out of a total workers' strength of10,800, only about 1300 workers are still being employed by the employer, and that too for a piece-rated wage of Rs.4 per kg of green leaf

All the factories in all the estates are closed. The bushes are overgrown in most places with weeds and jungle gradually covering the tea bushes. In some estates, due to pest attacks many bushes have lost all their leaves. According to some workers, it may prove to be impossible to restore the productivity of such bushes, even if they are treated immediately. We were told that

-

Cs vet._

an estate like Birpara that used to yield 1 lakh kgs of leaf per day has now been reduced giving only 3000 kgs per day, to

impact on Workers

The most important consequence for workers has been the loss of employment. A little over one eight of the workers continue to work as pluckers in their own estates, with a handful being employed as security guards. In.estates like Nagaisuree and Killeot, where other open estates are

nearby, truckloads of pluckers leave the estates early every morning and come bacic at night

well after dark, after spending 10-14 hours at work, while also having to pay Rs.10-25 per day for the

transport. They are paid the industry's going rate of Rs.4 per kg, with 'most bringing back an amount Rs.90 to Rs.100 per day.

Workers in Hantapara, Lankapara and Dumchipara have resorted to stone collection and stone breaking

from the river bed nearby, as there are few open gardens in the vicinity. It is a task which is both back breaking and fruitless, with many complaining about a sudden

shower of rain and a subsequent flooding washing away stones that have been collected

with great labour. A few people are also working in close by markets, construction sites or in brickfields. Earnings range from Rs.70 to Rs.180 per day. With the population of entire estates swelling

the ranks ofjob seeker's, work is hard to find and wages are being driven down. There has also been huge distress migration. Hantapara reports that about 30% of the young men and women in their estate have migrated to other states in search of work, Workers in Lankapara put this figure at 40-50% while those at Nagaisuree said that 60% qfpermanent workers had migrated. Workers are going to Kerala, Bhutan , Delhi and Tamil Nadu. At least one case of Pondage where two workers were locked up by the employer in Kerala when they protested about bad working conditions was reported from Lankapara,

In Lankapara, a small initiative has been taken by the workers to grow their own food. 311 families have begun farming for survival on garden land that was lying unused.

present crisis. Given beloW is a table of 2I families, and theirreport on their earnings before and qfte the

4

Lt -

All the families show a huge fall in earnings. In addition, the source of income had become ris19: and irregular, while the earning from the garden had been relatively dependable and regular. Earnings before closure ranged from Rs.I 300 to Rs.4000. At present, earnings for two families at least are almost negligible, while for others they range between Rs.280 to Rs.1800. One family continues to earn Rs.4000 but its income has, become irregular while earlier it had an assured income.

— let

CA

niY

Yi

IE

6

L.D

2 g

Sa

nj ib

Kuj u

r, c

hosr

e kid

ar

oo to

S

a a

0°

0

a

a

I

8

,g

3

3

E

E , a 5 0

ea

a

ral

0 5

a

EE

E 0

4.1

3

E

1

Diets and starvation

Fall in income has had serious consequences for the diets of the workers. 14 families from 4 estates were questioned about their food intake at present, For 10 of these families, diets before closure were also documented. What emerges from this is as follows:-

• 10 ofthe 14 families are consuming less than 1800 calories per day and 7 less than even 1400 calories. These are starvation levels as per medical definitions.

9 fatMlies out of the 10 families for whom comparisons were made showed a fall in number of calories consumed.

• For all families where comparisons were made, consumption of meat, eggs, pulses and cooking oil had been reduced to practically nil, though all of them used to consume some* all of these items before closure.

• For all families where comparisons were made, intake of fruit and milk was unheard of both before and after closure, a reflection on the very poor wages of the workers.

• There were also 4 families that consumed less than 1800 calories even before closure, reflecting on low wages in the industry

See also Annexure 1 for a detailed table on diets and Annexure 2 for other case studies Sumitra Munda

Sumitra Munda( 40 years old) lives at Hantapara tea estate in Alipurduar district. Her husband Amar Munda died two and a half months back because of TB. Her husband, an alcoholic, spent most of his income for alcohol. When the garden • was open, she used to earn around Rs. 2000.Presently she is unemployed. Her 10 years old son went to Sikkim for work 3 weeks ago.

Sumitra Munda had nothing to eat except a single meal from the nearby ICDS centre when we

7

- 6_

Goal T.)

met her. Since 26th August 2015 night (that is the day before the date of visit), a few shopkeepers are providing her with biscuits, ghoogni etc. According to her, she is also suffering

from Tuberculosis, but is not getting any medical treatment due to the deplorable condition of the nearby Government Hospital and Tea Garden Hospital. The condition of her house is

appalling and no repair has been done by the management. There is no electricity in her housef. No drinicing water facility has been provided by the Tea Garden management. She has received

extended to her. 12 kgs of rice twice as GR from the Government since February 2015. No other help has been

Phul Munda

Phulo Munda, a widow, aged about 57 years is from Hantapara . She was a permanent worker at the Hantapara Tea Estate. While she was working in the tea estate, she used to earn Rs 1600 to 1700 per month. Phulo Munda has not been working in the tea estate for the last six months.

- err

co

She has not received any wages after the closure. At she doesn't any income. Due to her terrible financial conditiom she eatspresent

once a day. Due to have inadequate fooregular

d, the health condition of Phulo Munda is deteriorating, Whenever her health permits she goes out for stonOreaking and receives Rs 70 per week. In themonth of August 2015 she received Rs 150 for thl whole month. After closure of the garden hospital, the health condition of Phulo Munda has deteriorated and she is unable to go out for regular work for daily income. She has not been gett1,ng any rations from the tea garden and 145 instalments of rations are due till date. The conditiob of her house is appalling. The house has no walls and the wooden pillars to support the tin roof have also been managed by her. The Tea Garden management has never spent anythilg for the repair of the house. When it rains, she sits with an umbrella inside the house and stays awake for the whole night. No drinking water facility has been provided by N

ii.e. 'lea Garden Management. Every day she walks to Jamtala Basti which is almost 3 lcris from her house to get drinking water. No firewood was provided by the management. She collects firewood from a nearby forest. No electricity was provided by the management even before closure. The Tea Garden Hospital is totally dysfunctional. There is no doctor, no medicine, and only one nurse. Phulo Munda relies on a nearby Government Health Centre for

all sorts of medical treatment. She has received 12 kg May.

rice as OR for the month of April and GatIgacao

Gangotri Urao , a widow , aged about 35 years is residing at Hantapara. Gangotri Urao's husband, Mangra Urao expired on Sfil August, 2015, Mangra Urao was suffering from paralysis.

He died because the family could not afford to treat him. initially Mangra Urao used to work

ct2

as a permanent tea plucker. Due to paralysis when Mangra Urao was unable to go for tea plucking, Gangotri began working in his place as a permanent tea plucker. Before the closure, she used to earn Rs.1500 per month. For the last 6 months, after closure, she has not earned a single paisa. Her minor son Amit Urao has been forced to migrate to Punjab and at present is working in the agricultural sector. Amit Urao is running the family by sending a part of his income which is near about Rs. 600 to 700 per month, Her minor daughter namely Shanti Urao at present is residing at Sikkim where she is engaged in Domestic Work. She has not yet started sending money home.

kanchi Pardan Man ar)

Kanchi Pardan, a widow aged about 56 years, is residing at Lankapara She has three sons, one of whom is mentally disabled. She was a permanent worker at Lankapara Tea Estate and used to earn Rs 1700 —1800 per month. She has not been receiving her wages since April 2015. No informafion has been communicated by the management regarding the reason behind such closure, At present she is collecting stones at riverside and earning Rs.200 / 250 per week, No ration has been received since 2007. Approximately more than 100 instalments of ration are due. 12 kg rice under the GR Scheme has been received once in the month of June, Housing has been provided by the Tea Garden Management but no repairing costs have been borne by the management. No electricity connection is there. There are no drinking water facilities. The water supply in the village is not regular. They get water after every 15 — 20 days. During that interval, they procure water from the stream which is quite a far from their house. For firewood and fuel she is totally dependent on a nearby forest. The Hospital is totally dysfunctional. There is no medicine, only one doctor and one nurse. For all sorts of medical treatment, the patients are referred to Siliguri , Jalpaiguri , Birpara etc. According to her, people arexlying due to lack of immediate medical treatment.

Factors Aggravating Ill Health: Water and Medical Care

The situation of drinking water was as distressing as that of the diets of the workers. In most estates, drinking water was available when the factory was running and when electricity was available to pump water into various tanks and pipeline systems in the estates. Now, with the factory closed and electricity also not available, the supply of drinking water has also become uncertain.

In Hantapara, the chief source of drinking water was a tube well that was installed 100 years

ago. Workers have been repairing it on their own. It has broken down at present, and workers are forced to use water from a mountain stream. They also get water supply for 1 hour a day as and when the generator is switched on, provided they have diesel to run the same. in Birpara, workers get water thrice a day for two hours from a water tank inside the factory constructed' by the company which is filled with the help of generator. In Dumchipara, water supply is available only for two hours a day which is again managed by the Management itself by running a generator twice a day.

In Lankapara, the situation is much worse. In one labour line, there is a tap fior the entire line

constructed by the Panchayat. The workers mostly depend on the stream water or river water for drinking purpose. Years back the employers had once made a pipeline for drinking water which has been jammed by the calcium content and has never been repaired subsequently.

10

- 9 -

he most shameful part, however, is that workers have been paying amounts ranging frbm Rs.200 per month to Rs.5-500 per month as electricity charges. Workers showed us pay slips

uh deductions of these amounts for electricity charges. This money has been collected by the matiagemente

but has not been deposited with the Government. The workers are therefore now suffering because of the management's dishonesty.

As far as medical facilities go, none of the estates had a functioning hospital. In Hantapara, the hospital is not functioning since 2000. The Garden hospital does not have any doctor. There are two nurses presently in the hospital. There are no medicines and or other facilities in the hospital. There is one pharmacist who is surviving without any salary. The ambulance is in a miserable condition and is mostly unusable. Minimum first aid is also not available. In Dumehipara, according to the CallOofficer who represents the management in the estate, there are a few basic medicines in the hospital which is capable of giving first aid only. Critical cases are being referred to Government Hospitals. There is a temporary doctor in the Garden Hospital. The doctor of the Garden Hospital at Dumchipara left.a month ago due to irregularity in payment of salary. At present there are only one Health Assistant and two nurses in the Hospital. Adequate medicines are not available in the Hospital and the workers are forced to go to the market and buy medicines, which is unaffordable. The condition of the garden hospital at Lankapara is also deplorable. There is no doctor, nurse or medicine in the hospital. The ambulance does not work owing to dearth of fuel. The workers have to depend on the C3ovemment hospitals and cannot afford medicines from'the market.

The combination;described above of poor diets, lackof clean drinking water and unaffordable

medical care can only have the worst repercussions for the workers and their families.

The Government's Response: Impunity for the Employer and Inaction

The Duncans management has broken the law several times over in the past few years, as far as its obligations to the workers are concerned. Despite this being fully within the State Govemmentiand Central Government's knowledge, they seem to have taken a very lenient view so far of such illegal functioning. • Tea garden land is leased out by the State Government to the management. In the

case of Duncans, as per the Government's own reports, only two gardens had legally valid leases in 2013.

• Workers' contribution towards Provident Fund taken from workers but not deposited, in 2013 was Rs. 2,15,08,991 , while employers contribution not deposited was Rs. 9,81,17:839.

▪ In 2013, full gratuity was due for 2048 workers and part gratuity was due for 163 workers.

▪ 2259 workers who had retired or been removed from work or who had died had wages due amounting to Rs. 6, 27, 91,731 in 2013.. • Total cash dues to workers were about Rs.22.5 crores in 2013 itself, or about Rs. 12, 279 per worker, equivalent to 4 months of wages.

• Rations were due in 2013 in 7 out of 12 gardens for as much as 69 instalments. • Only 56% of the workers had houses, with 10198 houses for 18323 workers. • Expenditure on housing in four years from 2009 to 2012 was Rs. 2,97,45,326 or a paltry amount of Rs.405 per worker per year.

• Only 9854 houses have been covered with drinking water, whleh is 54% of all the workers.

11

6713 of these houses, covering only about 37% of workers, had water from safe sources like pipeline water or deep tube-well. The rest had to depend on kuccha wells or hand-pumps or ring-wells.

All the facts given above are from the State Government's own study. Despite clear evidence from its own study that the management did not have proper leases to the land and that. it was defaulting on payments and its obligations under the Plantation Labour Act, the Government did not take any action.

In the two years from 2013 to the present the situation of dues seems to have worsened. For 6 gardens for which the staff gave us figures, Provident Fund dues are now Rs. 180810712, while graiiaity dues are Rs. 62673639.

Rations are due for 67 to 70 instalments. Provident fund dues by themselves amount to about Rs.15,000 per worker.

While on the one hand taking a very lenient view of the lapses by the Duncans management, the State Government has also not stepped in with relief measures to help the workers. So far, only Gratuitous Relief of 12 kgs of food-grains has been given twice in some gardens and once in others. MGNREGA works have not been started. Worst still, workers complain of non-payment of wages for MGNREGA work done in 2014.

Complaints about ICDS centres were received from many of the gardens with workers alleging that the centres give Khicchidi twice a week with I/4th of an egg per child. On other days , toffees and biscuits are given in lieu of a hot cooked meal.

A letter on the issueof relief has been sent by the Special Commissioner to the Supreme Court on Right to Food on Sth September 2015 to the Chief Secretary highlighting the problems and suggesting special measures. We are not aware of any actions taken on this matter so far.

Conclusions and Reconunendations

The closure (or semi-closure) of Duncans' estates in North Bengal is becoming a humanitarian - crisis of vast proportions. Immediate measures need to be taken by the State Government. The first signs of hunger are already there with drastic decline in earnings and consequent severe deterioration in diets. If we add to this the crisis in drinking water in the estates, along with the total collapse of medical care, we seem near a disaster situation.

The State Government has played a negative role in this crisis by ignoring several important lapses by the Duncans management , such as non-renewal of leases to the garden land, nonpayment of dues and rations to workers, not depositing Provident Fund money etc. It has in fact turned a blind eye to several illegal acts of the management.

With no realistic plan being put forward by the management to re-open the gardens, the State Government must step in with short term relief measures, which it is obliged to do under the Supreme Court orders on the Right to Food —

a. an immediate distribution of GR, followed by issuing of Antodaya Anna Yojana cards and €eguiar distribution of rations;

b. opernng of MGNREGA works and immediate clearing of all due wages under the MGNREGA;

c. extension of medical facilities through mobile medical camps;

d. ensuring regular functioning of MDMS and ICDS centres, with hot cooked meals and eggS;

e. providing all aged and disabled persons with pensions through under the National Social Assistance Programme.

12

ensuring safe drinking water supply for the workers, by ensuring that generators run regularly and /or by putting up new sources of drinking water under Sajal Dhara and other schemes.

The State Government must also take measures to ensure that the management immediately opens the gardens and runs them properly. In the absence of such initative by the management, it must begin the search for new owners, after cancelling leases where necessary. In the case of 7 gardens asieases have already lapsed, this should not be difficult.

It must also ensure that the dues of the workers are paid by the management so that workers do not have to suffer because of the callousness of the employer.

4p/

13

Birsha 0 aon

4 adult

Nil

tea with salt

2860

124th dinner

I 25th morning

Calorific Value of

Food per person

An n exurel: Diets Before and After Closure Birpara TG

Food Eaten before Closure

Sangita Urao

2 Adult , 3 Children

Ice 1.5 kg/ day

5008ms/ day

1kg/day

Kash Minch

2 Adult, 3 children

3 kg/day

250gm/day

Rarnily Size Before Closure

Food Grains(Rice, Atta) Pulses (Dal)

Potatoes

I Cooking Oil 22_ ^ k

,14it

Famine Food

Snack Items

Calorific Value of Food per person per day before Closure

NII

20 Rs for 3 Meal

Nil

Nil

12 kg rice (Two Mon

100 gm/day

Nil

Nil

hs) Nil

Nil

Food eate on survey date (24.08.2015 lunch to 25.08.2015 breakfast)

Sa ita Urao Kasti Minch

2 Adult, 3 chilren

rice 1 kg with salt and green chill

1 adult and 3 child

Deaths In family' No

24th lunch rice 1kg, brinjal 24th afternoon Nil

no Birsha and his wife severly ill)

250 gm rice, 100 gm Masur dal,

500 gm otato and Kudri, 25 gm oil

500 gm rice, 200 gm Masur dal and 250gm steamed potatoes

250 gm rice, 100 gm Masur dal, 500 gm potato and Kudri

1644

Family Size Before Closure Food Grains(Rice , Atte)

Mukta Khandoina 3 Adult, Child

ne Munda

Dumchi ars TG

Food Eaten before Closure

Pulses (Dal)

Potatoe Other Ve Meat or Fish Eggs

Oil , Milk

uit

Famine Food

Atta 500gms per day, Rice 500 gms per day, 100 —H

ice (T o Months)

100 NII Nil

etables

14

L

15 raft and steamed potato

Nil

2740

- 53

[ Snack Items

[ Calorific Valudiof Food per personper day before Closure

Foad eaten pq<survey date (26.08.2015 lunch.to 27.08.2015 Juspine Munda

5 adult

No. But at present daughter of Juspine Deaths In family Munda is suffering from Tuberculosis since

last 3 months.

1 Kg Rice, Dal 250 gms, Potato Fry 250 gms Tea , Biscuits

Nil 2365

Nil 1583

26th lunch

26th afternoon

breakfast)

Mukta Khadolne

2 Adult, 1 child

No

Rice 250 gms, ho water Nil

26th dinner

Calorific Value of Food per person per day before Closure

1 Kg Rice Dal 250 gms, Potato Fry 250 gms

2333

Rice 250 gms aloo bhondi sabji 250 rns

768

15

2

2 0 ti

0

ry

or

-o :c

N

co

to ul N

40 =

N C

QE

0

0

.C1

O

0

2

In

P hui

o M

unda

m

en

8 I

C

E 110

8 Ui

E t

to 4- 0

2 E c §0

.0 In

0 N

-0

EEO

E

2 8 z

E 8

2

C C

0

N

o

2 o CI. -0

E E

N r/1 Z 2 2 2

III!

2 ›.

110 .2 V O. fp 61 il

.0l

C

O. > 0

tit

✓ t2

cO 6

Coma 1/

Family Size Before Closure

food Grajns(RIce Atta) Pulses (Dal) Potatoes

Other Vegetables

Sushmita Lama 6

1k: rice/ day 50 m/ day

Ka nchl Prdan (Manger) 4 adults Rice 3 k . • er day for 3 meals

er day for 3 meals

Cooking Oil Mill Fru

250 gm/week 6/week

2 IV month

Nil

nil

200gms per day Nil

Famine Food:. snack Items

Calorific Value of Food per

person per day before Closure

nil

nil Nil

NH

4751

Mornin

26th

Breakfast

Lanka__rG

Food taken before closure

Food eaten on survey date (25.08.2015 lunch to 26.08.2015 lunch)

Present family size

Deaths in family

Sushmita lama

5

0

4 adults

I 1 kg rice, 4 kg potato fry and 0

25th luncn gm dal

25t

dinner 10 roti, 6 potatoes fry and 50 gm 400 gms Rice an oil

$00 gms rice 250

gm pumpkin sat*

Tea with salt

15 roti with pickle and 250 gm with oil, onion and pickle. 921

er closure)

2 roti each , 250 gms fried potato

Boiled rice with water and

salt (250 gms for 8 people)

250 gms of boiled ICe

Nil

303

water

18

- 5 -

cam - .4?7

Annexure 2 :Case Studies Birsao Crean

Birsao Oraon, aged about 56 years is a resident of the Labour lines at Birpara, Post & Police Station —

Pincara, District- Alipurduar, Pin Code 735221. Birsao Oraon and his wife.Etwari Oraon, aged about SC

years are retired workers of Birpara Tea Estate. There are four members in his family comprising of himself, his wife and two sons. The elder son Is presently working as a permanent worker at the tea

garden and the younger son works as a casual worker (bigha worker) at the said Tea estate and that is the only source of income in their family.

The payment in the said Tea Estate has been stopped since February, 2015. After tnat the two sons

have started working as temporary construction worker and get work thrice a week approximately.

They have been earning Rs, 180/- (Rupees One hundred and eighty) per day from ach construction

work after closure of the work in the tea garden, Birsao Oraon and his wife are unable to work presently owing to old age and various ailments.

While the tea garden was regularly running this family used to earn around 4000/- per month from

tea plucking and work as a domestic help at the Manager's bunglow. They used to earn around Rs. 2500/- per month from tea garden work and around Rs, 1800/-

per month from the work as domestic help at the Manager's bunglow. -Before closure the tea garden workers were paid Rs. 95/- per day,

No one In this family has a radon card. This family has not received any ration from the Company since

last one year. The ration counter within the tea estate is also closed since a year now. They have no:

received aniGovernment ration also. They dc not have any Other source of ration and are forced to get their fool and other necessities in market price.

19

5 S -

Css 4.cf.

The Company provided a. mud house with one -room capacity In 1962 to this family when their forefathers used to work at the tea garden where they are still residing. The Company never repaired it or even paid for any repairing.

A primary school was being run by the Tea Garden which has been taken over by Government which provides uniform and books for free but charges an admission fees from them.

While the garden was running, the Company used to deduct Rs. 800/- (Rupees Eight Hundred) per

month from the wages of the workers towards electricity. After the said closure since February 2015, electricity is being provided to them by the local Panchayat. The Panchayat has installed individual electricity meter.

There is no fur)ctioning drinking water facility provided by the employer. The workers themselves have installed tubetvell at their own cost for water supply. This particular family does not have any

independent Source of water supply. They depend on the tube well at the neighbourhood to meet their water requirement.

The hospital of the. tea garden is absolutely dysfunctional with no medicine supply and absolute non

availability of doctor. There are no ambulances in the hospital. They have to afford doctor and medicines on.their own. Birsao has been suffering from breathing problems and acute weakness. He could not go to the doctor due to lack of money coupled with physical weakness. He has been taking

a cough syrup and digene as medicine suggested by a private doctor without examining the patient. His wife is suffering from severe back problem and is unable to walk. She also could not go to a doctor as they are unable to afford one on their own. Even though Birsao and his wife are dependents of their elder son, who is a permanent tea garden worker, the tea garden hospital refused to treat them even when the same was in working condition.

Sangeeta Urao (Birpara Tea Estate}

Sangeeta Urao is a 35 years old women residing at Pesha Lane, Birpara Tea Garden. There are 5 (Five) family members in her family amongst whom 2 (Two) are adult and 3 (three) are children . She was a permanent worker in the said garden and she used to earn Rs 2200 per month. She used to receive this amount after the deduction of the cost of napkins, sandals, umbrella, Basket Medical Expenses and other safety kits. The tea garden management used to provide her with 300 gms tea leaves per month but the cost of those 300 gm tea leaves were also deducted from her wages. During off season Sangita Urao was engaged in clearing bushes and resizing tea plants for which she used to earn Rs 95 per day.

Presently her husband is working in Bhutan and sending Rs. 1400 at an interval of 2-3 months and Sangeeta's fi

5 years old daughter namely Suman Urao Is plucking tea leaves In another Tea Estate namely Gangrapara Tea Estate during her school vacations and in that way she earns Rs 800 —900 per vacation

Sangita Urad is neither having. Tea Garden Ration Card nor BPL Card. Sangita Urao received 12 kg rice for the month of April and May under thiGovernment Relief Fund . The Housing has

been provided by the Tea Garden Owner but the House got damaged due to Elephant Attack but the Tea Garden Owners did [

not provide any repairing cost and Sangita Urao and her family themselves managed to renovate the house. No Drinking water Facility was provided by the owner even when the Garden was

running and Sangita Urao and her family had put a tube well at their own cost. Before closure Electricity was available but the Management used to deduct Electricity expenses from the wages of

Sangita Urao and the amount that was deducted in the account of Electricity was ascertained arbitrarily of an amount of Rs 600-700 per month. Now at present the Electricity connection is under

the control of the Panchayat and Sangita Urao and her family is paying Rs 200 per 3 months as the Electricity Bill. Hospital was also not properly operational and was not adequately equipped with

20

way of stone crushing at Riverside. Her 19 years old brother at present is working at Chennai but he

has no contribution to the family expenses. 67 installments of ration is due. She has received 12 kgs

of rice underthe GR scheme once in the month of August 2015. Another brother has also left his school to help out Sushmita in

the household work. Her family have themselves provided with the cost of the construction of the house. No repair has

been made. The land on which the said house is constructed belongs to one of the immediate neighbour. Got the electricity connection just five

months back but no bill has been issued till date. Recently the hospital Is not providing any medical

services . Her family are now totally reliant on other hospitals and as the medical expense is too high that they had to take loan from the owner of the stone crusher at a high rate of interest. Khudiram Oraon: •

Khudiram Oraon, aged 45 years, is a resident at the labour lines of Hantapara Tea Estate, Post Office & Police Station- Madarihaat, District- Allpurduar. He is a permanent worker at the said

tea estate and has been working there since 1985. His family has 4 members comprising of himself, his wife, and two

minor sons. His wife works as a casual worker in the said tea estate. While the tea garden was running

regularly he used to earn around Rs. 1500/- per month and his wife used to earn around Rs. 600 —700/- per month. None in the family has ration card. When the garden was in running condition they

used to receive 4kg rice only once a month as ration that to not every month. The employer used to

deduct Rs. 35/- from their wages for granting ration. In the current situation, after the tea garden has

stopped funponing regularly, they have not received any ration, As grant relief (GR) they have

received 12 Pgs rice only in June and July. The children in the house go to a primary school run by the

23

Government and are getting khichdi and egg as food once a week and white khichdi (without dal) rest of the days in the week.

The employer gave a piece of land only in 1990. They have constructed a house on their own cost and repairing as and when required has been incurred by them.

A tube welt was made by the company years back, but Is not In working condition right now. The

workers there have been contributing money on their own and have been arranging for water from the stream through a pump.

The employer used to deduct Rs. 700/- per month from the wages of the workers towards electricity which is why they could never afford electricity and thus do not have electric supply.

The Garden Hospital is In a terrible condition. A doctor comes to the hospital once a week and there are 2 nurses in the hospital. There are no medicines available in the hospital. They are forced to go to the Government run hospital during any illness and afford medicines on their own.

The wife of Khudiram Oraon has received NREGA work for 14 days but the payments in the same are delayed by a year. They have never got 100 days work under NREGA.

Simla Tamang;

Bimla Tamang is a resident of Lankapara, SB Line, Post- Lankapara, Police Station- Birpara, District-Alipurduar, Pin 7

335228:She used to be a permanent worker in the Lankapara Tea Estate and has retired from her services In 2010. Her family has 17 members Including herself four of whom are

minors aged 12 years, 7 years, 5 years and lyear 1 month respectively. Presently two sons of the Bim la Tamang are working as permanent workers in the said garden. When the garden was in regular working condition, both the sons used to earn Rs. 4000/- per month. Payment of wages from the

garden has stopped since February 2015. After the garden has stopped functioning regularly both her

sons have migrated to Ooty In search of other work, The third son of Simla Tamag is presently earning

around Rs. 1000/- per month by stone collecting and crushing and that is the only source of income. The other two sons who have migrated, is not in a position to send any money back home.

This family has not received ration for last 7 to 8 years and they do not have ration card. They received a grant relief (GR) once In the first week of August amounting 12kg rice. Bimla Tamang has not received any gratuity and PF since her retirement.

The children in the house are unable to go to school as they are incapable to pay the fees owing to nonpayment .of wages. The children had to go to private school as the school

run by garden was far away and not in a proper functioning condition.

A house was given by the employers years back as labour quarter but the same has never been repaired by the Company.

The local Panchayat has provided 1 tap for 1 village as drinking water facility. The employer never

made any arrangement for drinking water. The employer never provided any electricity to the labour

quarters. They have applied to the local Panchayat for electricity connection which is still pending.

They do not have any electric supply in their house. The garden hospital is absolutely dysfunctional.

There are no doctors, no nurses, no medicines and any other health facilities in the said garden hospital. They have to afford medicines on their own,

One son of Bimla Tamang got 14 days work under NREGA but has not received the payment for the same as the account is pending opening.

24

Bimla Tamang has lost one grandson who was 2 years old in 2008 as they could not afford medical

facilities. He was suffering from an infection at the back and was referred to the Jaipaiguri hospital.

They could not afford the cost of the transfer and the following medical services owing to acute

poverty. One'of her granddaughter is 1 year 1 month old who is only surviving on breast milk only.

n 2010, the minor aged 12 years, scn of one of the permanent worker from the family, in the garden,

met with an accident and was severely injured. They did not receive any medical assstance from the garden hospital and were forced to go to Birpara Government Hospital where from

' he was referred to the 2alpaiguri hospital and then to Siliguri. The treatment got interrupted as they could not afford the cost of transfer of the patient and the following medical services.

After the said closure of the Tea Garden, Bimla Tamang has lost her brother named Shanumaila

Tamang. Shanumalla Tamang, aged SO years, used to be permanent worker at the said garden and has

retired in 2013. He also did not receive any gratuity and PF post retirement. He was suffering from

fever, weakness and acute stomach ache, His appetite was reduced and subsequently succumbed to starvation in April 2015 at the house as they could not afford medical services.

25

- 6 2-

Annexure 3 :Persons Interviewed

In addition to case studies and questioning on diet and income, the team met the following people in the gardens:-

Elitqasra

1. Rub/ Purohit (Call Officer, Present ln Charge)

2. SUbhadra Panuar Dumchl ard:

1. Alhish Pandey (Factory a c OJ tna p a La

1. !Wen Tamang (Motor Mechanics) 2, Kaluram Mungar(Division Boldar) 3. Alirmal KuJur(Electrician) 4. Dhruva Kumar Ali ( Assistant) 5. Ashraf All (Factory Mechanic) 6. Bhote Dorf! (Factory worker) 7. Saran Thapa (Garden Supervisor) 8. Asish Tamang (Division Boldar) 9. TojenRana (Factory Service staff) 10. Gopal Thapa (Baganbabu/ Garden Clerk) 11.

Ghanashyam Blswakarma (Garden Service staff) 12. Amar Mangar (Garden Chaprashl) 13. RaJat Baran Roy (Factory in charge)

Lanktatt 1.

Dambar Tamang (Panchayat Member), Worker's son 2. Motile! Mangar (permanent worker) 3. Prembahadur Mangar (Muni) 4. Puma Manger ( Sardar, permanent Staff) Nacaee

1, Sanichawa Omon , Permanent Worker

In. N. C. SAXENA, E, SPECIAL CO llCl v, U01 & Ots W

A*414 ex 0 R F

- 63

30th August, 2

Mita

Gcuommentof West Bengal

Sutra a;apt s. in ardens

On renewt of reports of sturvalkm haid$ilip in went) tea gartfsps in North Sugal from our

&tate Athitor Ms Anuradha 1 al war, I visited on 29' Augnea 20I5 two gardens °Me region

AtintiCilkoti Tea Estates - and spoke with the workers- there, Fn ndeMieret, a ream 01 **KWh Sayanrri Sevin* and Devapti

putt& by Ms

/-% aaradha TaiWar to study rn derail the situation of food security T ''s .ucs

, tankapars, Hatherpar," Dimchipa. Napewnri and Kiikot athsch kJ!

WN and workers re laweartier, pot _p-hurfk* of 70 IA .140' v of MOIR

Provident Fund contributions have not been deposited by e as ill Instalments,

have been deducted from workers* wages, but have net be

PP Commissioner from as tar hack as 20.06-07. annuity payment

pending for rua-py aged wQ, k,..! 5 who retired many yawl: -bnek,

----- - ------ - -- -------------- ."-- -------- ----- -- ..... ............ Office ut the Sul:vents CauLn Comnrsistsionegs

13,682ndHeer Sarvoclay a Enclave New Delhi 1100171eleisk: +91-11-4029631; phone: +91 I 1 -20152335/09;

Ematc.commibsiont slgmadmaa, Webste: www.seccamiskianers-org

Wet

the workers

wyers' team,

ion payments in the Duncan garilDns lase 'resorted to enon disIneSS and 'Wellhead distress, as well as considerable h

to dta workers familia From around February 2015, with no notiop or infanation. the

txt managernew stowed paynuun o/ wages, endow offelectricity serpply, Distribution

rations

Co ..A+ • -

Da N. C SAXENA, COMMISSION 40 Ate

*OWL SPECIAL COMMitaSeiVe Of TB-4$41,040, COURT 4i" ,PUCL. v. U01 &Ott WRIT Man) PA) Mi.116, of 2001

49'

*mai young worlvatiliteAtiStika. $d tS iiameasc

or the count, ;, Others are workincpitti itifiefintlitiir sattangensents tit tatighliovilm.

.itMer stones or in =nos Imo& moss ibetuterstbile, ars wile , 1 /4.4.0.-aseisi, disabled and siMrah wohnthis itrim Op, pm-hpmei abbAbisiee mate Sie0111400iSteito support the bomb*

The temha:4 that the housing/MU*. 41,5h0S0H44,-/P., ***at Wag" 45° swamis= ass* tbat-litateitation. he quarters tat mills* baiamade or n•Aw' sett bamboo with 'w Mei the time during mint in may eases Contrary to the mien. We [about

,rtaiRecYth:tect by the emMoYr itivid taws basetsestabas by dio. worlizas themselves tolvaiSt naps provided by the eumaIstyar Wee sue been bepareect seal the carne

Oat it3/400ificirautrod by the workeit Most seas hsaitssat ere no spassaus enough for ine

sessbeseirsteely useusbers staying there. They ti tettat tiitgaretideuere Of sioating bOtil tessasiteity otatertitions and poor nutritiOn.

The Sittgialt kile Daman Gardens theidia -fdriiMS WIMP' ititreethitm by thcmac igokirrUeseest,ii The ftelleaeokita steps do not. tettake the, atssviesstt mat1 kmithy daelare 4.44:4$41.0ftietec,liative from emirktimlatiglOPSOMiOntS4t‘MOKEGA

1. Aikiiitittaiiiitidg ;excluding those inOa ,gauipitl.a.mitai to arieitidi efl imdst il'ar ration cams , • Araktnft‘i,‘,- Mask no exemption urulso., tOrtsrt kitt-0140140944gket$, sSbe get. a pan o We ' fi,Seitsulike food. I request that MU i! , ' ,,kr. omfittosori wat4 North 400 in Nor 4

Mi4hpftiyhtiv, for the workers i b* , cf r . 9:4T04:itzto i1414,tvpdats stitch as We propose that hOMIP;4 0014101Stail of il-m Wadies noimehotds,

they abeasIstraa iitvanded in An tynciaya Amin Nom LS

2, ASitikstmeasetds shows be encased ias ctect.,, gfl .43 Mevide I De ays' mirk Lola MG N REC. A.

Vt"*LilaitternPlait'ed about watits,Wft Set'stmiedtinion. 940 months under 4iNittia0A mmitt pending dues shouldbetittinittrgeliSty,

------- fceofthem

---- Of e Court Coteniseioners Eiti:titast4

Floor Sento/Jaya Einclave New Detr4 tit,t917 Telinax: eel- iielue9boL phone: t'31-4146851#41/SI"

beseeizatemeassuissionerseegmailieorni ?Sea WIssectorrunissioners.org

tra&-k. •• t/2.—

N, C. SAXEN srecuaco

v uoi st ors.

naken to eastatr

above 60 yea.bth

pensions are

y showed th

ith no pre-scho

on the other,

25 a momMovi

s would take- time,"gt

lately, and theasatter

7 en cut and shedd be: rasiatO au a •at at .ta.a vlaare finding it difileattotaiS

les are available/ dieal camps

AS have a &even

yr other schemes -14

OW labour departmeht

;either closing ths;j

14400^ ,

Harsh Mandar

— -b

77- 7.7r 7,7*77777. RR

Office of the Supreme Cptiat Cortrnissionns StiVirodaya Enclave New Da MOW Telefax, 491.-1 1-41829S31

phone: 41,1146651115439; *Stiscamissioneraggmatta 'wag* www,scasmixikal Arg

fl milkThth RF -

INTRODUCTION.

After: getting news of 5 deaths at the Hantapara Tea Estate from reliable Source, Jamirrudin Khan, Sayanti Sengupta along with Debojit Dutta, a social activist again did a further study at Hantapara

Tea Garden on 19th September 2015 of three new families. Through this recent study the clear depiction that has come out is that the

families are not getting the rations as,per the individual ration cards.

The dealer is giving 6-7 kg per family irrespective of how many dependant are there in each family. As per the Government scheme individuals are supposed to pay Rs 2 per kg but the dealers are taking Rs 2 - 4 extra from each family. Another system that the dealer is recently practicing by violating the rules is that; he is retaining all the ration cards at their ration shop and handing over a small token

to the families. The token is also very indistinct as it is not carrying

the name and stamp of the respective ration dealer. By this way approximately 2,000-2,500 ration cards are lying at the shop of the said dealer.

- 10 L

We also found that the medical system in the Tea Garden is totally defunct. The Garden Hospital is closed since last few months and people are not getting any treatment and medicine from the nearby government health center which is in Madarihat. Practically people are dying without any treatment.

Source of Water In Hantapara Tea Garden

In addition to these three case studies we visited Sumitra Munda

whose details we have already submitted in our previous report. The Surnitra Munda is not receiving any ration even though she possesses her ration card.

EALMONI MUNDA (Mother of the deceased}

The daughter of Balmoni Munda (35 years) namely Parbati Munda (19 years) was physically handicapped and used to shiver almost all the times, expired on 8th September, 2015.The husband of Balmoni Munda, namely Mangal Munda was the permanent worker at the Hantapara Tea Estate and was the only earning member of the family. After the abandonment of the Tea Estate, Mangal Munda migrated to Kashmir for search of work and since the day he left for Kashmir, the family is not in touch with him and Mangal Munda is not even aware of the death of his Daughter. After the migration of Mangal Munda did not get any proper medical treatment. They did not even receive any medicines as well as treatment from Madarihat Government Health Center. As per Balomoni Munda, before the death of Parbati Munda and till date she is having rice with water and salt and very rarely she can manage to have few wild leaves. No drinking water has been facilitated by the management for the individual household and since the said closure they had to travel 3kms to get drinking water. There is no electricity at her house at present as she is unable to pay the electricity bills after the said abandonment. Recently on the basis the Supreme Court Commissioner's Report , the Government has started distribute rations to these tea gardens and in respect of which she is getting recently is 6kg rice and 3kg wheat for which she paid Rs 20.

- b 1 -

That the house at which she is residing has not been provided by the

tea garden management. Presently her health is also deteriorating due to lack nutritious meal as well as for rigorous work at stone crushing at the river side.

P/3

BEHANI LOHAR (Wife of the deceased)

We intethewed Mehani Lohar wife of the deceased Rajman Lohar and their four children namely Rupen Lohar, Rita Lohar, Amardwip Loahar and Jit Lohar.

Rajman Lohar died mainly because of no treatment from the tea garden hospital as well as from the Madarihat government Health Center. He was suffering from continuous stomach pain since last fifteen to sixteen days. Rajman Lohar died on 15th September 2015 at about 3 am due to deficient treatment. Rajman Lohar was the permanent worker at the Hantapara Tea Estate and he was the one and only earning member of the family. During the interview we got to know that Amardwip Lohar is also suffering from physical disabilitylfrom his birth and that they had approached before the Te Garden Hospital for his treatment but as the Tea Garden Hospital was totally dysfunctional, the family did not receive any treatment from the said Garden Hospital. Even before the said abandonment they could hardly get proper meal as it was difficult for them to run a family of 6 persons out of the income of a single person. They did not even take meat or egg in their meals. After the said abandonment Behani Lohar is the, only earning member of the family and she is earns Rs 40 per 25 `Square feet by the way of stone crushing. Her 4 children assist ter in stone crushing. The health condition of Behani Lohar is also deteriorating. They are having Rs 10,000 outstanding at the nearby grocery shop. Recently on the basis the Supreme Court Commissioner's Report , the Government has started distributing rations to these tea gardens and in respect of which she is getting recently 7kg rice and 4kg wheat Ration shop has retained their ration cards and has handed over them a simple token. .

Ghanash am Bishw karma

We met bhanashyam Bishwakarma the brother of Santimoyee Kami (65) who has died on the day before of our visit i.e. 17th September, 2015. Shantimoyee Kami was a permanent worker of the Hantapara tea garden. Again we found the same picture here also. Shantimoyee Kami dill not receive proper treatment either from Garden Hospital

13

or from Madarihat Health Center. She was suffering from Asthma for last one month. Accordingly Mr. Bishwakarma they didn't have too much problems when the garden was running properly. At least they used to get minimum medical facilities from the parden Hospital. Presently the son and daughter-in-law of Shantirnoyee Kami are making their (faculties. Like many other people they are also earning Rs 40 by crushing 25 square feet stone.

SUMITRA MUNDA

Sumitra Munda, whom we met and interviewed in our earlier visit in Hanta Para Tea Garden, at that time we found that she was suffering from TB and she was hardly getting any food. This time we found that her health condition has deteriorated further. She was admitted in Madarihat Health Center for the treatment. According to Sumitra Munda she did not receive any effective treatment as well as any medicine. It appears that health center is not adequately equipped for the treatment of a TB patient. She was asked to leave the hospital without, any discharge certificate and prescription. The most shocking thing is that she was asked to leave the hospital by someone namely Buoy who is an medicine shop keeper. Presently she is in shelter of her brother. She is not getting proper meal at her brother place as; the condition of the brother's family is also very deplorable after the!, abandonment of the said tea garden. The local leader has asked the nearby ICDS center to provide her with meal every day. But till the date of our visiting she has not received anything. She is also not getting any ration from the ration shop.

Ant46.)4 u- P.R —

ASSOCIATE SPONSORS

SPONSORS

Budget 2016

late for many in North Be al's t

— 3

o tare for ryiu North Bengal's tea gardens The bldion E... h ://i 'anevress.comlartiele/indishodia-news-india/1 3-years-too-la ..

25 to tea garden in Rorth Bengal since April got CM Ivlaraata Barterjee to tour the region, announce a package and take action against the owners. Mats 13 years too late for many in le tea;country, where hunger and deaths set in a while ago.

Ento Roy

Updated:November 22, 2015 e:30 am

Like 1.75)

0092.1.!+.0 Corn r

Maria Goretti Soreng can only walk now with the help of a walking stick th

towers over her frail 5-ft frame. There are strands of white in her hair that

weren't there two months ago. Her legs are swollen like drums and she rur fever most of the time. Maria is 38.

Her husband Dominique Soreng, 54, has rashes all over his body. His storm

round and distended. He has long known what it's to feel week, Dominique

3/1 /2016 2:13 PM

Et I

' 2012 13 years too late for many in Neat Bengal's tea garcilens I The (mato Express

s Gaogle + v

cc,

Maria Goretti Soreng can only walk now with the help of a walking stick

towers over her frail 5-ft frame. There are strands of white in her hair th

weren't there two months ago. Her legs are swollen like drums and she r fever most of the time. Maria is 38.

Her husband Dominique Soreng, 54, has rashes all over his body. His stow

round and distended. He has long known what it's to feel week, Dominiq

"But this the rashes, the stomach swelling up) happened barely two months ado."

Mdenexpresstom/articleanclatinclia-news-inclW13-yearsiitco-lateitr-many-ininctlh-tiergals-tea-gardals/

2/22

o ate: for many in north gardens ,e Indian ExoceSs

a and cane uut a stick anymore, husband Dominique has f'asylyy

a in y s, too-Ixe-for-many-in-north-benp.ls-lea-garderm/

13 years tco late for many in North Bengal's tea gardens I The Indian Express

DHUIVIC 1RA TEA GARDEN IN ALIPURDUAR DISTRICT

Established in 1907

Practic411y shut since May

9 deaths since October 13

Once the Dhumchipara tea garden produced 13 lakh kg of tea annually a

3,400 workers. More than half, 1,400, have migrated — to Siliguri, Delhi,

Hyderabad, Mumbai, Bhutan and mostly to Kerala.

According to law; each tea garden worker must receive, apart from their

tp:Mntianexpress.comfarticletInUAndle-news-incla/13-years-too-late.fcr-many-In-north-bangals-tea-gardens/ 5122

-

13 years tco late for many in North Bengal's tea gardens The Indian Express CO••••• - •

wages, provident fund payments, bonuses, pension (for retired workers),

umbrellas and aprons for working, firewood for cooking, housing, electin

water, medical care and education facilities. The last time the workers gc

in Dhumchipara was in 2011.

The Adivasi colony (the other big community is of those of Nepalese origi

worst hit. There is no food at the Soreng home. Dominqiue's brother and

in-law, also tea workers, have started working as stone collectors for

construction contractors at a nearby river. Dominique says he and Maria

when the two send over food — generally roti dipped in salty tea.

Dukhni of Dhumchipara tea estate, all of 30 i is a skeleton now and unable to move; (right) husband Pradeep with ore

Asian. Showing the fistful of rice they have left, he breaks down, "Dukhni is unlikely to survive" (Express Photo

Dukhni, 30, has three children — a girl (10) and two boys (5, 3). Reduced

skeleton and barely able, to move, she watches as husband Pradeep puts

eveninimeal together v, ir.h all that is left — a handful of rice and four pc

press.com/are eAndaAndia•news-incla/13.years-toc-late-fonmanyAn.north-bengals-tea-gardensi

13 years too late for many in Nat Bengal's tea gardens The Indian Exvess xr•i• • • '

Suddenly, Pradeep breaks down, "Dukhni is unlikely to survive. Doctors

needs two packets of blood, but we don't have the money."

Other workers at the colony scrounge in the undergrowth of the tea gard the forests beyond for food. Tea flowers are collected and scrambled intc as are edible roots and leaves.

Whateve ,that could be sold has been sold — cycles, goats, utensils.

Hemlata Beck, who is carrying tea flowers for that day's meal, says some

they don't even have oil to make a vegetable. 'We simply eat the boiled s and roots:"

Beck is among the luckier ones. She and her sister travel four hours daily Lakhipara tea garden, which is partially open, where they work as tea pl

A survey by the Siliguri Welfare Association in July last year found the be

index of tea workers to be as low as 14 in some estates. "The WHO has sti

that anything less than 18.5 BMI constitutes famine-affected population,"

Abhijit Majumdar, secretary of the organisation.

Out of 1,272 workers at Raipur Tea Garden in Jalpaiguri, 539 or 42 per ce

BMI of less than 18.5. As many as 384 workers had a BMI of 17, 285 belov

140 less than 14. Similar surveys were conducted at Red Bank, Bandapan

and Kathalguri tea gardens and same results found, says Majumdar.

2002 onwards, when the gardens started shutting down, there have been

of hunger deaths. Workers say there is no warning, no suspension of vvm

lockout; the management simply gets up and leaves.

At Kathalguri, the first tea estate to shut down in 2002, as many as 525 wt

a.lindianexpress.comlattlelellncliaAnclia-news-inciall3years-too-Ide-fer•mary-In-ncrth-bengals-tea-garcienS1 702

- -

''-"' 13 years too late for many in North Bengal's tea gardens I The Ind an Express

and dependents were reported to have died over the next three years. Be

then and 2007, when 17 tea gardens shut down, human rights groups rec

least 1,200 deaths in the area.

"Things are very bad," says acting manager of Dhumchipara estate Visha

Rathore. The senior management left one day making him in charge. "W

we ask the company what is going on, the head office tells us there is no

There is no ration, no water. My own staff has run away... I have not bee

for seven months."

Five nearby gardens also owned by Duncans, once one of the largest coil

houses in Bengal, are in a similar state, adds Rathore.

With the 630-hectare Dhumchipara garden deserted, theft from teak and

for timbal- is also rampant.

ti

Recentlybn 'operating management committee' was set up. "It picks lea`

sells it to factories still operating — we call this cash plucking. That's hots

have survived," says Rathore.

The operating committee comprises the remaining staff of a garden, the I

unions and workers. The workers prune the tea plants and pick the leave

every kilogram they pick, they are given Rs 5 by the staff, which sells the

to a buyer for Rs 14-Rs 15 per kg. The buyer then takes it to his own facto

processing.

BANDA14( NI TEA GARDEN IN JALPAIGURI DISTRICT

Established in 1895

pifinchanexpress.corrilartleleArdaAndla-news-IndW13-yeass-tco-late-fcr-many-in-north-bengais•tea-gardens/ 8/22

201Ip 13 sears too late for many in North Bengal's tea gardens The Wan Express

Shut since July 2013

32 deaths in 2 years

-Between 2013-15, as many as 15 people have died in one labour line (a 1.

colony) here. And that's just one labour line," says tea garden worker Raj

"Thirty-two workers have died and we haven't. even counted the number non-workers."

CmV•L ...

The 1,000-hectare estate employs 1,667 people, apart from hundreds of ti

dependents. Once it used to produce 6 lakh kg of tea annually.

Ratiya Khariya, 45, was just "skin and bones" when he died last year, say. Saniaro Khariya. "There was nothing left of him." Both used to work as t( pluckers at Bandapani.

"There was no food in the house. Our three children were our priority. M

eat rice in starch water and salt. After a' year of this, he just died," says Sa

tviiindanexpress.comfarticie rida-newstincia/13-years-todlate-fct-many•Imnsdh-bengals•teatgardens/

9/22

CC1sn4 . .7/6/2015 13 years too late for many In North Bangers tea Darden, I The Indlen Express

nandri Bara, whose daughter blernant weir missing 8 years ago from Bandapani Trafficking of women and child

rampant at the tea garden (Express Photo by Partha Paul)

A survey by the Dooars Jagron organisation earlier this year found 74.04

of the children at tea estates suffering from malnutrition. Victor Bose of t

organisation, which works for rights of tea workers, says they also found

rampant child and woman trafficking at Bandapani.

"Most of those trafficked are 12-15 years old. The two most common dest

are Delhi and Sikkim. They are taken as domestic help and exploited. Th(

are handed over to the sex trade," says Bose.

Chandri Bara's 14-year-old daughter disappeared eight years ago, when t

had already started going bad. She hasn't been seen or heard from since.

n tea garden, r, makes a living collecting stones from river banks, A ,

Photo by Partha Paul)

ticainclo nclia-news-Encia/13-years too-late-for -many-m-ncrth-tervals-tea-gardens/

1.yr3;201G 13 years too late for many In North Bengal's tea gardens I The Indan Express

Ca4- - • •

Sital Munda, 45, makes do by collecting stones from the banks of the Kha

and Dhumsi rivers, metres away from the Bhutan border, as' do her son s

daughter-in-law. Sital has been doing this for three years. The river is me

expanse of rocks, rubble and sand, with water only during monsoon. For

stones measuring 3 feet by 3 feet, she earns Rs 50 a day. Most days she or manages a pile,

The workers are now running a part of the tea estate through cash pluck

The Kathalguri estate that has opened again uses MNREGS funds to pay f

hundred days of tea-picking. Workers are hired for only half the month t costs.

Thapa blames the demise of the Bandapani estate on the management. 0

owned by the Darjeeling Dooars Plantation Limited (DDPL), Bandapani ti

sold to Mohta Enterprises, and then to Sarada Pleasure and Adventure Li

Siliguri-based hotel.

"The last owner had no experience in running a tea garden. So he wounc

one and a half years. He used to run a chit fund, hundreds invested in the estimate-lakhs of rupees were collected and the workers never got it bac] Thapa.

After Thapa and others met the Jalpaiguri district magistrate, an investig

found that land deeds were never transferred and that, on paper, DDPL

Bandapani's owners. The state government took over the garden in SeptE 2014.

However, despite some unds extended by the government, reviving Ban

is an uphill task. There's Rs 3 crore pending in workers' provident funds

ncianexpress.comarlictaingafincia-news-Incia/13-years-tco-late-la-many-Inncrth-tengals-tea-garclens/ 1122

-g3 -

13 years too late for many In North Bengal's tea gardens The Inetan Express 014.n . . "Dm

crore in gx:atuity. Another Rs 80 lakh remains due in salary arrears. Only

recently, after a battle, pension was secured for retired estate workers, 1)

just for just those belonging to Scheduled Tribes. The large Nepali popula been left out.

There is another side to the labour story. Tea gardens in North Bengal ar

regulated by the Tea Authority of India under the Plantation Labour Act,

which oversees labour laws and ensures labour benefits, and the Tea Act

which deals with the functioning of the estate, the management, product yield etc.

In recent years, as tea estates go to seed, small growers have flooded the

While 10.12 hectares is the minimum requirement for setting up a tea esi

small growers start plantations on fields as tiny as several acres.

This has led to problems, says United Trade Union Congress secretary As]

Ghosh, who has written several papers on Bengal's tea industry. While to

have to follow industrial laws, small tea growers operate under agricultu

use, and since they do not fall under the Tea Board, cannot be held accou

Since the government got involved at Bandapani, self-help groups are off

families living in abject poverty a cooked meal a day. The children at the

get food under the ICDS.

Bandapani residents recently also got themselves a water supply. They c(

money, laid pipelines and are sourcing water from Bhutan..

BAGRAF ft TEA GARDEN IN JALPAIGURI DISTRICT

xMndane,Ixess.comialideArtleAndla-news-IndW13-years-tco-late-fcr-mary-In-ncrth-tengals-tea-gardenst

13 yea's too late for many in North Bengal's tea gardens I The Indian Express

Established in 1876

Shut since July

25 deaths since April

Since April, the 1,000-hectare Bagrakote estate has seen 25 deaths — six c

in the week between October 25 and November 1. It was this spate of dee

led to an uproar and brought Chief Minister Mamata Banerjee here.

The Duncans management owes workers salary since March, 114 weeks

and over Rs 3 lakh in provident funds. Half of Bagrakote's 2,976 workers

left for other states. Most of the tea plantation is now a jungle, with unpr plants growing up to 10 feet.

Pavan Pradhan of the Cha Bagaan Mazdoor Union says there was never E

official shut-down. "In March, workers and staff stopped getting wages...

pickers kept working as did the staff. One day we heard the managers ha

disappeared... This was around July, that's when the work completely stc he says.

Later, ration stopped, electricity and water supply was disconnected, the

shut down, and the theft of timber started. "Finally the management let I an operating committee," says Pradhan.

Duncans Industries, that used to win awards for highest yields from the 9

Board in #te late eighties, owns 16 tea estates. Out of these, just two are c fully operational.

That means around 25,000 Duncan employees are in a perilous position.

Superintending Manager of Bagrakote and two other Duncans tea garde'

Kapoor says it is normal for a garden to face financial crisis occasionally. anexptass.com/arbeleAndlaAnda-news-inaa/13-years-too-

latafce-many-In-ncrtn-bengals-tea-gardens/ 13/22

Ca IA., P/Lt

5 13 years tco late for many In North Bengel's tea gardens The !Man Express

vo"... think the deaths are because of malnutrition, rather because the familiesP/tf

literate and aware and couldn't provide medical attention in time."

He also puts the blame for the mess at the workers' door. "We couldn't p

wages for a couple of months so workers left. Without a full work force. I

you expect the tea garden to run at capacity?"

Sumanto Guha Thakurta, secretary, Dooars branch, of the Indian Tea Ass

says one way to improve the lot of the tea gardens is better marketing of

"There has been a sharp rise in production (Assam, Kerala, Tamil Nadu),

haven't been able to tap international markets. The USSR was one of our

consumers but, after it disintegrated, they started making their own tea.

produce some of the most expensive tea in terms of cost of production. K

and Sri Lanka don't have the kind of costs we do."

Unable to meet exacting international standards, India has lost the Eurof

American markets to Kenya, Sri Lanka, Indonesia and even Bangladesh.

remains India's biggest tea market, importing as much as 35 per cent of I

tea, apart from the Middle East.

A senior Duncans official says tea production costs have risen 60 per cen

years. "At the same time, prices have been stagnant since 2008. Assam se

210 per kg as opposed to our Rs 120 per kg, without the costs we incur,"

Former Tea Board member Mani Kumar Darnel says they have been figh

a floor rate. "This is the only industry where the manufacturer has no sa

pricing of his product. If there is a basic floor price, there is a minimum

that tea garden owners would get."

Anuradha Talwar,- former advisor to the Supreme Court commissioner it

tp.ihnolenexpressoom/arlidertndiaAnda-news-Inalar13-years-tco-late-fcr-many-Intocch-bengald-tea-gardenS/ 1422

- 26

13 years too late for many In Werth Bangers tea gardens The Indian Express

matter of Right to Food also accuses owners of not thinking long term. "1

instance, the age of the tea bushes is a major problem. Like the Duncans.

haven't replanted to a sufficient extent, so the yield of the tea bushes is ft

This naturally makes the industry unprofitable," she says.

Fhakurta‘i of the Indian Tea Association urges the government to take son

their "burden" off to lower costs. "Tea gardens outside don't have to pros

hospitals and schools and housing facilities like us."

Some of the tea industry's demands are getting a hearing now due to the

Assembly elections. Soon after Mamata Banerjee toured the area last mo:

Duncans Chairman G P Goenka was summoned by the CID over non-pay)

workers and alleged starvation deaths.

Tea estate employees form at least 60 per cent of the vote share in North

which has 42 Assembly constituencies. While the Trinamool won from 11(

the 2011 Assembly elections, the BJP had made inroads in the 2014 Lok S; polls.

The LeftpFront has been carrying on a movement with 26 trade unions in

region for two years now. Siliguri Mayor and former CPI minister Ashok

Bhattacharya says, "There has been so much debate about whether these

are actually starvation deaths. The question isn't whether the deaths are

or unnatural. The question is that there have been an alarming number ( deaths."

Finance Minister Amit Mitra was repeatedly contacted but didn't get bad

Bengal Labour Minister kioloy Ghatak said "there are no starvation dead

giving the details of the state government's Rs 100-crore fund for tea garc

covers all tea gardens and not just those shut. The workers will get housi mncianexpress.com/ErticleAndia4rxia-news•Inda/13-years-tco-late-fcr-maiy-in-nxth-bervis-tealardonst 15/22

13 years tco late fa' many In North Bengifs tea garclen I The India, apreas pat

t Lem-icily, water, medical treatment and schooling. The government has

to provide these benefits now instead of the gardens. We have also starte

supplying rice for Rs 2 per kg and wheat for Rs 3 per kg."

...akhan Santhal, whose wife died a few days ago, at the age of 53, at Bagrakote estate. —heir daughter Malo says le

since mentally (Express Photo by Partha Paul)

As per the government, people have passed away due to natural causes --

disease. One of those was Lakhan Santal's wife, all of 53.

For a month before her mother's death, says daughter Male, there was 111

at her parents' home. Malo is married and lives elsewhere. Both Lakhan,

his wife were tea pickers at the Bagrakote plantation. "On the day she di was no food at home. Now the panchayat sends us rice, potatoes — enou: by."

Lakhan,who Malo says isn't the same mentally any more, barely mumbl,

.:ndanexpess.comlarticleArdaAncla-news-Incia/13-years-too-late-Rx-many-In-rtrth-tengals-tea-gardms/ 1622

_It -

C.11•.14. EOM

response to questions. However, he perks up remembering the time of "t

sahib", 45 years ago, when he joined the plantation. "I was paid one anna

then. Things were good. We were taken care of."

NORTH BENGAL THE 'TEA COUNTRY'

West Bengal's tea country, North Bengal has three regions where tea is E

the hill area (in and around the Darjeeling sub-division), the Terai region

around the Siliguri sub-division, and the Dooars (covering Jalpaiguri). As

277 'Set Tea Gardens' — or organised tea estates — still operate here.

Labour intensive, tea gardens are the second largest employer in India,

only to the Indian Railways. Most of the labourers are descendants of tril

brought as indentured labour by the British, or Nepalese.

The Bengal tea gardens employ 6,03,724 people. While there is no coiled

figure, an estimated 25,000 are unemployed just across 13 of the gardens

Duncans.

Betweem2002 and 2007, when 17 tea gardens shut down, at least 1,200

were repprted in the area.

A survey by the Siliguri Welfare Association last year found the BMI of

to be 14 in some tea estates. BMI of 18.5 constitutes "famine-affected pop

The workers are entitled to minimum wages of. Rs 122.50 per day, ration

and wheat), potable water supply, electricity, provident fund payment, p

(after retirement), bonuses, hospitals kid.. schools to be provided for by tl

management of a tea estate. Umbrellas and aprons are to be supplied for

working in the gardens and firewood for cooking.

o'Andenexpress.comierecleAndwinde-rossys-India/13-years-tco-late-fcr-rnarsfrin-ncrthvbengals.terntsardens/ 17)22

13 years to late for many In North Bengal's tea gardens I The lndan Express

rVanna live the shaahl life hi Goa? lead here. ;kyscanner

The Cheapest Car In India Is Already In Stock!

toportal.com 'Steve Jobs' Flops Silicon Valley Chec The N ew York Time -;

13 years too tate for many in North Bengal's tea gardens I The Indian ExPress .4yit

Findings ,of a survey by West Bengal's Labour Directorate of 273 of Tea Gardens:

* In 2011-12, 18,35,55,614 kg of tea was produced in North Bengal

* Only 34 of 81 hill tea estates meet the standard yield there of 500 kg pex

* In Terai region, where standard yield should be 1,900 kg per hectare, of 45 estates meet the standard

* Similarly, in Dooars, where standard yield should be 2,000 kg per hecta

40 of 150 tea estates fit the bill

* 84 estates get support from schemes such as MNREGS, and 163 from dif

banks

* Only 166 estates have hospitals

* 116 have seen a change in management in the past 10 years. "Some are

promoters who hardly care for long-term development" * 24 estates in hill areas don't have irrigation facilities

7 ,4

Goog le +

FROM AROUND THE WEB

oltindanexpess.com/articleArKlialndia- s•inda/13-years-toslate-fcr-many-ih-north-tengals-tea-gardens/

'8/22

F -(3 (1) HH CD = D.- 0 .0 IC) co ,

5 CT C (D ° ea 0 (D ;I- E*H -,---1Hoo so-a„Ro c_,..or- etc 0- m, -1 0 acD6l0 0.m.0 15M oR-,

10=. —. oqo

ra3=ri+3 Ma'a m ia @ 3 0' • 0 * 0. 0 o

m..0X- 0 tic 511°

.0 m -0 = 0m2cp• NN 0' H Z. In 0 a 0.05m m — Ca MS 0 CD • 0

0 —I i'l 0 FC' Ig 0

• WC.N3 '<W B. C/2_

* Zr to. Co w am 5 rp• m ro 0..= ,01.0.0 =0) no

rn,-..-.4„, 5$00 crp 0,0- _ .1:2)..„8 DJ • 3

g oOlv'r --h<-1..°2- i p- u, cLkoi3 1'1

z-<"" 1355,005 mo co Ca 3 5' ro r. =1.1 0/0 cr M ..• _ c ( I ,0 00, s a c D m C CI • ) <1 . ° o° to° ° I • • • i •

0 m 0' 0 Or°,-ta01-6

5 0_ c 0 = 3 x-wo

O 0-0@. ITC rcL.,1 0- 0- &. 0 ° a =,. 0

*;4=fiDo a ,9.. 0 5" - el:r @ . "C M 0 CO

5' 5 r. 1O

0 Ci) m 0 s -='. 0 0 C . -' R- Er (D CD < o --fro. — So 0- < 0

-0B 00 5,o,

3— M 00..°0 5 , 0 co 3 . La r!, im-2). CrZI

.....0-1-; cmw -, z--=00- --, .7D •o o3 2,), o m NN cam c

co - > = 0- 3 LD ro r.3 o-. 7) El ^. = a,g rD co =,-.00..

Oul r R.. =_a

on__ * =E-P -rn —r- w o-i-K —m<,.. 10-5-07 Z.

D'°) co 8 Ob - n° 5 .-T,• a

E,t-)Ei 5.-M1 0-0 0

ro o_

> -< "r7C-h 0 St e.0 o 0 -050 mm 0 oco = om 0 0-

.7 • 0 0, la = Er (lc 0- in 0 0_ M r. Cd, CD O C -0

riAt.30 O. C

a a -0 DC 237'

"°3,2 gm2 P.z .. 5 m g-li c= 2:9 r. a) o- na5.0.

H 0,- 3 , ,r."<50 _Son— 0.5-3 W

o c,_,‹, wrsi-=.?.., • o a o _ mrpri .11 5" m la

ny“) = r-4.

CD 0..

nn.' o 00 NO --.- c n — $1)

▪ .co -05 =20m (DE C 1

TOg a ..,

oK okom

moti co. ,-,-‘ • CD 500 •— F .---, s ir • II

C. 0 M 5 M..<5.

gmF (O":11. mow. 0 2 ,.) 63071

Sato ° oSpil...?, c m 2)'5 COW

'me° 0 I

m,0=-. 0,m< 0 pa. rD55 •__.

00 e.1 IT 0) kR • M = m rD rm, R3MM 0 m ,--C• S° 121 -1 .8 0

0 -0 mmSL .60 om co o = m "4- <

1 "LOOF2,1 3 2 a' (7 . rc.. 1' 0 • 0=

0 5' 5 Co .m mac :1/41‹

x-m-.--

c.coc la s 0. a air g

O 5'

N of' 0 7-6' to

0 0 0 0 --I M 0 .0 M o *5.--0, =FE?) wo 50,3

- -, o cm33. a-, ,5_,-no > n.o BE;

5' r cl, m 0

o- 0 rc. M.S.O0 J Fa) C @

CTcEsir = 5 0 C. CW 1.0

m a ' RI' * 0. 09 ro @ ni m. vc cv 5' car.'=- 3 ro a r- 5 . , -0 a o a, ,x. , co C. o n OOM

N.*-n0. 5Hr' P z m- 0 =

* C • cofl• r C

11:1 0 ' Q. co m 0' Oh 05.

c

r:

55' C 0' 0 .0 EL 0 0 :gm 57..°

D'm CL a) to

`.<

g _„ SI 3. rorD (19- `< ro

- • c7), m 3 0) • 2". 2

o M Do CD 5' 8 ti)

7, •- •D g: 2, 0 It

n el c -) 3". 0 „.-0

CL • mml` = 5

0 ae Rst co c

Cco co o

3

s- . 3 n E o o

-" cu cr

a.: . cal p

* = 0 0 ' 0

(0 ).< T'"; 5 • -1

n— Co CD

_.25 r- imil (.0 0 .0 0 0 (11 0 0) E. a: T-

o

3 v) ,a1; p cm,) < st m 0 2

a) a) ro a r cO

S.

o 1..‹D

^fr 0

ro -4 co_ m 2,

TD- CD ckPm-IT ro'r

3 .

Z

•(.c-5m

o

• .

L

o

c00m5

o

o=

(2cro„

(9w

ot°

— MM0

rD

D

9,-

pd.)

&=B7: ®

ro o -o B on' 5 a OC) 0.) - • ro rj) a • 0 0 a ‘z. E a. 3 m ro LI) :R. 2

v o

* » }< 7

Ciro co co 11 =• 06-3. 5><Lcc

rD ro 0) s0 „„ D

m n3 52, CL • Li 3 E g

%° CD; .0.7-a B. 2 w rD LC 0 2. •”‘ 11) 0 fl) CO. CD a

st _10 cni•j• rCD

. • E) r<D - * re) (40 •

00 0, . ofp

E c 0 p.)

c cn Li a co St ,c-r- co 5 rD „-cC-E. 3 eg. 0..-. o- M az -a) EP 0 B cri 3 - _ 3

-qcr 3n) Cr = 5' 0 CD.

‘Cr:) D s. cr co c 5 o 0) ,.;••

"m< c a) T. 0 D.

CL, 3 3 . c co ru "ml CD •-• a to

* a con) g rD 0

>P x;m9' Oma) 0 (,) Er:tm.) co EL;

R N)

3c1) °fir. ‘<cr vi) 5 tc 0 5 2 a>

2 co 3 27 0

ro 0 c 0

CD c -.4

L° CD 3:

0_ ••3

) o m

con)

co

iNd

60

7, 9

10Z

/1/f

nttefiwww.ndtv.CeMAnclia- th-bengal-tecegarden-worker omised-rellef-1251212

'2:5720 t

North 0er9e ' ea Garden Workers Facing Hunger Deelh Promised Relief

North Bengal Tea Garden Workers Facing Hunger Death Promised Relief

AILL't ftitten by tioiligtonlisinerjk I Updated, December Oa, 2015 13:26 1ST

TO run the tea gardehs, Duncans plans to raise Rs. 70 crare by disposing assets and going into Joint ventures with government help.

Kolkata: In a move that could mean relief for 25,000 tea workers in north Bengal, the head of the Duncans Group, GP Goenka, met chief minister Mamata Banerjee on Friday and promised to reopen 14 tea gardens that had become non- functional since Aptil. No time frame has been given, but Duncans will pay all dues and even open public kitchens for workers suffering from malnutrition.

For many workers,jthese premises are coming too late. Bud! Kojur of Birpara tea garden died on Thursday. The 45-year- old worker was sick and advised to go to a hospital 130 kilometres away, But she couldn't as she got no wages and had no money to travel'? So she Just stayed home and died there.

1/2

12/6/2012

North Bengal Tea Gamlen Workers Facing Huger DS omised Relief

Many in Duncan's 14 gardens that suddenly went into limbo eight months ago met the same fate: no wages, no rations, no medicines. 200 have died since October, unions claim, with 10 people dying last week.

Experts and the Opposition sounded an alarm. Sitaram Yechuri of the CPM, said, '7hese are basically starvation deaths. This is happening and neither the state government nor the Centre is concerned. We have raised this issue in Parliament. We will raise it again."

Anuradha Talwar, Advisor on tea gardens to Supreme Court, said, 'The workers are being denied right to wages, health, jerk." education and food. They are staring at a serious threat of malnutrition. The state governments reaction has been knee

The government denies hunger deaths. But on Friday, after the Mamata Banerjee-GP Goenka meet, home secretary Basudev Banerjee admitted malnutrition. "Mr Goenka has promised to open 'Iangars' (public kitchens) in every tea garden so that the problem of malnutrition that exists Is tackled," he said.

Mr Goenka did not say much. We had agood discussion with the chief minister. It was a very healthy meeting. We will be guided by her in our future action," he said.

To run the gardens, Duncans plans to raise Rs. 70 crore by disposing assets and going Into joint ventures with government he . Good news thou h the fine •dnt is et to be read. Story First Publ

Pic co %q.t.. ithE

p/mnimincittmcomfinda-newsicrth-tengal-teaciarden•workers-faolng-Iltnagr-deathircmisethelief-1251212 2)2

&hives Date Month 127 • 1 (October / I (2015 .1 ‘04g;,,J

The Telegram-Archives

htm//wwcMelepraph a.com/arobmes/ativebtml

N.Nr-x5 u 2-F ek.')

SPSHREE HART SHOPNew Collection Of Latest Black KurtiBI JY-

nollow us, owe Today's Edition ' I Tuesday , October 27 , 2015

Front Page > North Bengal > Story

Like 591 Tweet [Gel )Col

Tea worker dies in Duncans garden

Our Correspondent

Jelpaiguri, Oct. 26: A tea worker died today in the Dooars treatment and food in a Our:cans Goenka estate where pay h least six months and medical facilities almost negligible, accord to the state government.

The 14 Duncans Goenka gardens In the Dooars and in Dan( limbo. They are neither closed nor open in the usual sense of tti consequences forte workers on the estates. This situation has( to the shameful history of hunger In the tea Industry," said a rept government by Harsh Mender, the Supreme Courts special food.

The latest death reported, of 44-year-old Mukti Santhal, was Jalpaiguri district

John 'Bade, a prominent trade union leader and president Workers' Union, today said that in the past seven to eight mcntf in Duncans tea gardens from malnutrition and lack of treatment. confirmed from officials as deaths in gardens are not tate malnutrition or lack of treatment..

• • Managers of venous Duncans tea gardens, some of whom occa refused to speak to this paper on the deaths despite repeated aft

Part of the problem in the Duncans estates stems from a grey s declared the gardens dosed.

If the gardens had been declared shut for paucity of funds, then got Rs 1,500 from the state government every month as well a state government could have started Work under the rural job areas.

Right now, garden workers get only rice and pulses at a government scheme.

Mender's team's report on the Duncans - gardens in September: as medical facilities go, none of the estates had a functioning ha:

The report said there "are no medicines and' or other facilities one pharmacist who Is surviving without any salary. The ambi condition and is mostly unusable. Minimum first aid is also not a>

Berle today said 'The female worker who died in Bagrakote malnowishment. We are apprehensive that there would be rs. coming days as the lean season.(November-Merch when there

11 ahead."

Sudoku Sudoku New Crossword Jumble Gallery

ARCHIVES

Since 1 March. 1999

PRESS RELEASES

Businesswire•India NewsVoir

IN TODAY'S PAPER Front Page Nation

Calcutta Bengal

Foreign

Business

Sports

Horse Racing

Opinion

SPONSORED

Property N Vk

CITIES & REGIONS Metro

North Bengal Nortneast Jharkhand

Bihar 0d:she

WEEKLY FEATURES

Knowhow Mon Jobs TIM f.

You Mon

Salt Lake Fr

Tdays Sun

Graphig Sun

LEISURE

1,2

CD Cq--- +s CI) 0 -0 eu" CO

co c • 4t.: co co o

an -0- 0 • •-- E co -0 0

o _c

O _x°5 4-1 /4 cu

c) r° co x .1 /4CE1 /4' g

co co co

4-E° Q) -C CU

C 0-}

O0 N CO n"

-0 CO co

49..) 2 G -0

a) u_ a1 /4. co c CI CO A-,

o'0 CO C

(Q5 n wE S L 0 c

CO cc) c c to co 0 m-C

cLT3' E g 2

-0

03 09 CO

0c

0 CO

• CO -0

-C "1

• co -C

CD • 15_

cj c

C 0 2 O

a.) a . >, _1 /41 /4E-1 /4

3 cm 1 /44- o

CO4-5 0V-.

N . CD ry

O CU

OU 0 -C

t0 • C ti 0

0 r: y c

? • "

O CO C C1)

c E 2 .12

cn m — c..L- 8 @

..c cf, co c

_c tt C) LE- 76

• w

N 113

9 -1 /4)

a) a)

co • 2 hT,

o , -0 >, 0)

0 O

04- C

0 CU

S.I.) o c

.631 O = -0

C -C c• tj 0 I— 2

_c L.0

0

-0

_c

• CO O CU

-0 = C Ok7 CO 4-.0) 2 0)

o

a _c

C %%- CO - 0

n•-•' C CU

12 O co 0 0

14‘, CV 0

E 7_7 1.0

C 0 0 0

N ,-9, c• c

c E Co. 1 /4.. a = m0

o on a:, o co c

co 1 /4- _o c (1) m u-

o (4.) 2

2 en• c U3 • = Cr/ t • O -o

O .fl' ca

oc E -0 0

ca co co CD) 01 -4c

CD_ 441-n) 0. 3

O C 0 • 0 01 >

CO

Zn

co C CO is is o

-CCO

U)

U)

CD 0

C

N 0_

7

co D O") (JO C

-C 4-0 "0 CO -0 CU 0

tO 0 :0 are

rO V5 70

CD

r- (-% c

@ C

47) o y. tot 8

r • 0

• ecc,

ff

a

a) 0)

CO

C O O C

O CO

Co

0 03 (_)

• 'Co c _E

E co r a )0-) 0

CCT -0 CO 0 0 0 LO

CU 17

C V/. 7) 0

o E -o v C 0, CO 0

z co

Vol

iecia

l ration a

re

(la a)

+-• .:: 0 c

.,_,

o

p ,

a) Az CI)

co 2 E

-7).) tri c )._

C E cu

>, E 0

3 •-c, 0) CO Cl (1) -C -c -= -.JC

01 5 Co Q.)

a' W co co

.1... (..) c =.4-) co

C w ....,

co a..) W-) RI ea

C 54 ce.S

a) p •-•

05 (1) c -0 ..=

0 .1-• 01-- -0 a -0 a) a) 'CI -0 a) co o t 43 -0 a

w a o c

c n c

E D F3 -E‘ 112 CD "0 CO Q.) (I) a

CO .1-s 0

0 v 7.3 2

0 c lo +c-o cy iv _z m LE -o 1-' c -0 .5. (C O • C

-0 _o W 2 >,

co-o E -.-• CO y _c 2 a, -o a W

-Y 4- (1, 0 C W 01 d — 4-

CO 17,5

.

4- 0 . (7) -.

0 C 0 Cr-:: — E -0 ..•

0) r C in " = 4) 0 -0 !-- N C (13 ... I' _c D E -o -1-s 0.- cu C -oc o o cz

-i-b, ..c 3 oc

-c C CO 0

.0 1.-- E a 03 6) co y E r, C 0 o -0

3 4-) 0

o E

CD 6 rP C —I a

-C _c a 8 V)

---" ,--- CO 'Si)

L.- 0 to c`ij -td CO 0

a) z (to > 0

>, 2

c 7) ..c co

4-. -o E co co —I ol c .2 2

Living Conditions of Tea Plantation Workers

SHAM E BHOWMIK

The strike by women workers

in the tea plantations of Kerala brings to forethe miserable

living conditions of the workers

in this sector across the country.

With more than a million

permanent workers, the tea

plantation industry is the largest

in the formal private sector in

the country. Yet wages of these

workers are thelowest in the

formal sector and their living

conditions are appalling. Though

there are laws that govern the

living conditionsnf Workers, these are violated and the state seems indifferent.

The recent strike by plantation workers in Kerala Was the first of its kind in many ways. The strike

was pre•empted by a spontaneous movement of women workers who struck work on their own. They did not allow the male workers or the existing trade unions to interfere, Though the women demanded an increase in daily wages to Rs got), their main demand was to improve the, living conditions of the labour lines in the plantations. This movement was started by women workers of Kanan Devan Tea Plantations, which is a part of Tata Global Beverages (for a de-tailed account, see in this issue "Munn= Through the Lens of Political EcologY)." What is especially interesting is that a majority of the shareholders of this plan-tation company are workers. The com-pany was owned by Tata Tea. It decided to make their workers the owners. Yet it is surprising that the "worker—owners" should strike against the holding come pany. We will come to this later.

Arrk NEAu 47` g nininunartrilans

Bconomc &Political WigitLy Lall 4‘1144 21, 2

Shari[ 1(Bhowrnik (sha nth @gmall.coak) b a sociologist and is at present adjunct faculty at Rajiv Gandhi Centre for Contemporary Studies, University of Mumbai.

015 vot NOS 46 47

Question of Wages • The employers', associations- in the plan-tations are unhappy not merely because they need to pay more to their workers but they are worried about the effect of this strike on plantations in the other tea-growing states, namely Tamil Nadu, West Bengal and Assam. The wage rates of the two eastern states (Assam and West Bengal) are the lowest in the coun-try and they would not even be subsist-ence wages for workers in informal employment These two states produce 75% of the country's tea and engage around the same proportion of permanent workers. Daily wages in West Bengal are Rs 122.50 and in Assam the state gov-ernment has set the minimum wage at Its 146 per day. Permanent workers in tea plantations number over one million,

making this industry the largest employer in the organised private sector. In fact. one of the main grouses of the employ-ers is that they need to abide by the laws that govern the organised sector work-ers such as the Industrial Disputes Act, Factories Act, Provident Fund and. Gra .tuity Act and others.

The Plantations Labour Act (ehA) is an extremely 'important act for planta-don workers because its provisions tend to improve the cultural and social lives of these workers who are isolated and cut off from the world outside the plan-tation. Given the fact that plantations are isolated and labour engaged may not have access to basic human fecal-ties, the act makes it mandatory for employers to provide housing to their workers and their families, sanitation facilities and provision-of potable water in the labour lines, canteens with subsi-dised food,. creches, primary schools and hospitals, including group medical hospitals for specialist treatment. The plantation associations have com- plained that these are too heavy a burden for them. However, it ts quite well known that most of these provisions are never implemented so the costs involved for their implementation claimed by the planters are purely speculative. The non-implementation of acts is mainly because of the indifference of the state governments and of course the plantation companies,

Living in Poverty.

Studies on working and living condi-tions of tea plantation labour show that they have been very bad right from the time the industry began in the mid-igth century right to the present. All planta-tion workers are migrants whose fore-fathers had migrated to work on planta-tions mainly due to poverty in their places of origin. The plantation workers in Jalpalguri, Alipurduar and the plains of Darjeeling District are mainly from the tribal communities of originating in Jharkhand, .Chhattisgarh and Madhya Pradesh, workers in the plantations of Assam too originate from the same areas. Workers in the plantations of Darjeeling

29

Conservancy was nil and he that- "there is hardlyany drainage system and no latrine system exists." The workers used the garden area as their easing 'grounds. Eighteen years later, in 1938, the planters' association again admitted that sanitation tea gardens was "rather primitive" but was being improved.'

Even after the PLA came into force, the situation remained more or less the same. The PLA laid down that 892, of houses in .the plantation must be con-verted to permanent houses every year. These houses should have walls of brick and mortar with roofs of tile or corrugat-ed iron. These houses should be repaired regularly and must be whitewashed

elagt:DSTI.Orktud_

niUt ungulate front Nepal. Their fore [hers had migrated to the plantations search of better life but in reality, as e Her reports show, it was a move from t flying pan to the fire.

The Dooars Enquiry Committee ion found that housing and water supp were generally very poor. There w Inadequate space for housing and plinth were not provided. The Royal Commi sion on Labour, 1931 also levelled th same charge. R G Griffin, Special Office for Hook-worms inMines and Tea.Planta tions in Bengal, made the •following observation in mao: •

• Ordinary thatched.or some tin roof' huts are provided. They are generlly.overcrowded owing to insufficiency of accommodation in comparison with the number of people liv-ing in them. The houses are not laid out with any idea as to utilising sunlight for drying he trutediate surroundings and plinths do of eotat or are insufficient In many cases

where water is scarce and deep wells have to be sunk, labour tends to becomecongested, is coolies' houses are congregated in the immediate neighbourhood.

On water and sanitation, Griffin observed that workershad to rely on rivers or natural springs or wells for their water supply. Wells were of two types, pucca (with cemented sides) and kuchcha (without cemented sides). The latter were generally badly. maintained. Plinths, if present, were in-dilapidated condition and the puddled aria around the wells vvauld invariably Overflow into the well.. This presented-a health hazaid as "many of the cholera epidemics are traceable to uncon- trolled water-supply being

ear piped water or water could he kept he covered cement water tank for a gro

of bathrooms separately for male and f ly male workers. In most plantations as. West Bengal and Assam they do n

s- in the public water sources or go to th e streams. They use the forested area flea

Officer the plantation or the plantation area - defecate

30

A study of tea .plantation - labour i West Bengal, Assam and Tamil Nadu 1996 (Bhowinik et al 1996) shows tha the living conditions in-West Bengal and Assam have not changed. since the. pre- KA days. Houses were in a shambles as managements refused to repair them. Workers had to fix leaking ceilings and damaged walls with their meagre resources. There were still no toilets or bathing places- and the workers and their families used the tea plantation area to defecate. Water remained a

problem as most plantations did not have facilities for supplying water to the labour lines. Though the PLA makes it mandatory to have primary schools, in most cases they were in a mess. There was only one teacher to each [each all four classes. In other - plantatiOns, schools-were badly maintained.

Starvation Deaths

The present situation- has not improved. On the contrary, it has deteriorated. The newphase of deterioration started at the beginning of this century when several tea plantations in West Bengal started to close down. The plantation companies claimed that they faced losses over the years and they abandoned their plant*. tions. Since tea plantations are the main source pf sustenance for the tea workers, closhre of the plantations would mean no income or.food. As a result; since 2000 several thousand tea workers or their family members have reportedly died due to starvation. There are varying estimates W of starvation deaths ranging from 1,200 w to aboo during the period soon—tots fo (Chaudhuri sois). All these people are T from the 17 dosed tea plantations-in w Jalpaiguri and Alipurduar Districts. PM

fa- every two years. The other clauses 1 in , down that the labour lines must ha

1401/11141312 21, 2015 VOL

of houses. There must be toilets an

s exist as workers and their families' bath

ay The Paschim Banga Khet Madam' ve Samity (Rums) alongwith International in Union of Rood and

Allied Workers (ant), up a global federation of workers in plante- d tions, tobacco, food, restaurant and bev-e- erages, filed a case in the Supreme Cour in on the mismanagement in the Rama-ot tions leading to deaths of workers. The e Court appointed Anuradha Talwar, Pres-e dent of vaxigs,-as the West Bengal Advi-r sor to the Cchamissioners of the Supreme

to Court, The study by the West Bengal Network on the- Right to Food and Work,

n which Talwanvas associated with, found that besides starvation and hunger in-the

t closed tea gardens, there were cases of stripping the plantations of their assets before - the, management fled secretly. Employers had not deposited ever. the workers' dues with the provident fund commissioner, sometime from lop, ark wards, let alone their own contributions. These amounted to thousands of crores of rupees, The law states that if employers fail to deposit employees' provident con. tribution (which is deducted from their wages) it should be tried as a criminal act. This actually amounts to theft of the workers' wage. Yet no criminal case was filed by the provident fund authorities in the state. The Supreme Court directed the state' government to take action against - the employers for the violations that' included: starvation deaths. The state government coolly stated thatnot a single worker had died of starvation. They had,all died of natural causes.

A pcumentary made in 2008 on the pathetic situation of tea workers in West Bengal shows how no one in govern-ment really cares. At one point in the interview with Jairam Ramesh, the then Commerce Minister, he asks why such a hue and cry is raised when only 16 of the xsoo tea plantations in the country have closed down. The fact that asoo work-ers in these plantations have died cf starvation did not stir his conscience

aree of Worker Ownership

e can now turn to the strange case o:orker-ownership that has been put rth by the Tam group of plantations. he strike in Kerala was initiated by omen workers in one such group of ntations. In 2isos, the plantations

NO3 46 c 47 ME Economia&Political wattLv

C9, - 'PIG,

cleaned, there was hardly any drainage and houses were in dilapidated condi-tions. Most workers living in the perma-nent quarten were provided electricity connections, but the charges were very high amounting to almost one-third of what they earned. The plantation work-ers in Assam and West Bengal were pro-vided rations of foodgraina amounting to one kilo of rice and 2.25 kilos of wheat per head per week. Unemployed chil-

. dren below t8. years and spouses too were provided these rations.. This is a part of the worker's wage and if the ,

worker is absent the proportionate amount is deducted,4 The report notes that in most App!, plantations, only the male workers were provided rations for their dependents. Female workers got rations only for themselves. This put a lot of strain on the finances-of female-headed households, but the management seemed indifferent. If these are the conditions prevailing in gardens run by the Tata group, what could be the condi-tions in other tea plantations?

Without Basic Services I. have visited several plantadons in West Bengal during the past two years (2o13-43) mull found that the main issues before the workers are wages and rations. When workers in a plantation tell you that they have no problems, they mean that they get their wages and rations on time. These wOrkers see their counter-parts, in.other. plantations near them are worse off as they do not get their wages on time and the managements frequent-ly skip providing rations. However a look at the labour lines gives a different picture. There is lack of proper housing, sanita-tion and drainage. Water was a major problem. In one of the so-called properly functioning plantations in Alipurduar, I found that piped water was provided to workers once a fortnight. In other cases, piped water was provided on alternate days or every week.

In other plantations, wages and rations were paid irregularly. These are paid either weekly or fortnightly. The managements frequently fall to pay wages on time. In most cases, the weekly wage is paid after one or two weeks. In this way the plantation falls' behind in payments. It VOL I, No. 46 47

owned by Tate Plantations converted it-self into Amalgamated Plantations Pri-vate Limited (APPL). The idea was to make workers of the tea gardens (con-trolled by the company) as major share-holders of the company. Tata invited the International Finance Corporation Oro) of the World Bank to be a partner. Appi. owns 24 plantations in Assam and West Bengal while its South Indian counter-part is Kanan Devan with 37 tea piazza-dons. Tata Global Beverages controls 2892% of the shares of Kansa Demi which has now become an associate company of Tata Global Beverages-(Duct 2013). IFC owns 20% of the shares in both companies while Tata Global Beverages has 49.66% shares in APPL. The rest are owned by the workers of the plantations. iditagh workers have purchased shares,

chap were forced to purchase them by me company, they have no control over the plantations nor do they have any say in their management..

A report on APPL published by the Columbia Law School Human Rights Institute in 2013 exposes the hoax of ownerships The workers have ne control over the company and their living and working conditions are no different from the other plantation workers. In short pathetic. APPL proudly claims that the scheme of worker-ownership was intro-duced by Tara as a voluntary measure and it has been totally successful, But the re-port has a different story. The plantation managers forced workers to buy shares. They had to put their thumb impression on the agreement. paper (since most are illiterate) andlaterlis45-5o was deducted from their wages every month to pay for the value of the shares. When workers in one of the tea plantations protested, they were warned by the manager that he would declare a lockout and they would lose their wages. In another case, the officials turned off the weighing ma. chine when workers went to weigh the • leaves they had plucked. They were told that their leaves would be weighed only after they put their thumb impression on

• the share applications. The Columbia. Law School, report pro-

vides details of the living conditions of the workers in is of theplamations. The toilets were unusable as theywere never

economic &PollikalWANCLY 1:11121 ricnesuass 2ws

TEA PLANTLEIbRiABEHIR

was not unusual for workers to tell me that the management had paid their weekly wage after a fortnight. In some cases, they were given advances. In Case of rations, the situation is even worse. Many plantations gave a week's rations after a month or so and they were behind payment by 24 to 25 weeks. In one plantation, the workers were to receive 32 weeks of rations.

One of the largest plantation compa-nies in West Bengal, Duncans, owned by the Gauri Goenka group has at the time of writing stopped paying its workers. This company has 21 tea plantations in the three districts (Jalpaiguri, Alipurduar and Darjeeling) audit claimed that work was going on, though workers were not being paid. This has affected the fates of over 20,000 workers. There seems to be no solution in sight as neither the state government nor the trade unions have managed to bring the employers to discuss the issue.

Kerala, West Bengal and Assam The situation in plantations in Kerala is almost similar in terms of living condi-tions. Till about is years ago, the condi-tions in the southern tea-growing states (Kerala. and Tamil Nadu) had a mach better record of implementing the PLA. This has deteriorated considerably over the past few years even though wages are

• higher in these states compared to Assam and West Bengal,' Wages in Kerala, are high compared to the two northern states and • though the wage offered by the employers (Rs 303) is-much lower than the prevail-ing daily wage in the state which is over Rs Soo. The higher wages have attracted thousands of workers and their children from tea plantations in Assam and West Bengal to migrate to Kerala not merely to work in tea or coffee plantations, but also as construction workers and assis-tants in shops or small eating places.

There are many differences between Kerala and the two northern states. Though the trade unions are quite wide-spread in all these states, they have not been effective. In West Bengal, the prob-lem is of multiple trade unions. This has Weakened the workers'. bargaining power. In Assam, the math trade union owes allegiance-to Indian National Trade Union

31

32

kite NevNewDdflbKnlltaIt

H U 0-

f.f.K0EAtTiaThr iINTLA

...ingress (INTUC) and has had a repute-non of being soft on employer's. Kerala Too faced similar problems but the women workers decided to act on their own and they achieved positive results. The other point is that the state govern-ment too has taken a positive view of the workers' problems. In the case of West Bengal, the stare governments (in the past and present) did not even consider seriously the problems faced by workers who were systematically deprived of the rights. The governments tried to deny that there were deaths due to starvation or that there were cases.of malnutrition. le fact, they celebrated the paltry in-creases in wages as landmark develop. ments. The poor educational facilities ensure that the only future workers and the children have is of unskilled labour.

The workers and their famines in the. tea plantations of Assam are in some ways worse off than the others. The permanent workers number a little more than 5,00,000 and the total population of these workers would easily be five times more. The tea plantation workers in West Bengal are a part of the Sehed- Wed Tribes Cr) but in Assamnhe people

of similar origins are denied this status. Being ST would mean availing of free educational facilities and later reserva-tion in employment among other facili-ties provided, by the state. The planta-tion workers in Assam have been strug-gling for sr status, but the state govern-ment has refused this so far. This has deprived them 6f any form of protective discrimination which is absolutely nec-essary for their develOpment.

'The problems of plantation workers are mainly due to the indifference of the governments, both state and centre, to their basic needs as human beings. The plantation companies too are equally to blame for creating this situation. The workers' organisadons, the trade unions, are largely controlled by leaders who are not from the community and cannot reflect the aspirations of these workers. After several years of oppression and margin-alisation, the female workers in Kerala took up' the challenge of defending their rights to live a decent life. They depended neither on the largesse of state or the outside trade union leaders for assisting their cause. On the contrary, they created the movement through their collective

Women and Work

strength and their labour power. This

could be the only way these marginalised

waiters can assert their claims for decent work and the right to live with dignity.

NOTES

The conditions of living in earlier phase is taken from Chapterx of my book (Bhowmik 1980), A review of this documentary can he found in EPW, 28 February 2009, 'Politics of Tea in the Dooms."

3 The main writers of :this report are Peter Rosenblum and Asthwini Sukthankar.

4 For more details on wages of tea plantation workers, sea Shownrik (202$).

REFERENCES

Bhowmik, Shari[ Boo): Class Formation in the Plantation System (New Delhi: People's Mutt fishing House).

— (cots): 'Wages of Tea Plan:amen Workeral EPW, pMay.

Bhowmik, Shush, V Xaxa and M A Salem (L9e6). Teo Plantation Labour in India (New Delhi: Friedrich Ehert Foundation).

Chaudhuri, Mohave (sots): "Tea Gardens in the East Are Brewing Starvation. Malnutrition: rile Wire, hirPtfirkewire.iiwooi5/07/30Aes-gardenS-in eteast-ate-brewingatareatien-mat cut:Mon-757M accessed on 21J2122°). COlumbiaLaviSthool Human Flights Malaita (oma): 'The More Things c,hreare..." The World aunt, Tato end Enduring Abuses on Inthab Thor Piantinont (Newyork: The VVorid Bank),

Dun, Mita Ayan Margh "Tata Global Buys so.39%

Celhl;6 More In Eanan Devlin." Business Standard, New

July.

tip '

Edited by

PADMINI. SWAMINATHAN

Authors:

Maithreyi Krislinaraj • Mona Mies • Bina Agarwal • .Prem Chowdhry • Layala Rajadryaksha.Swatl Snide • Joan P Member, K Saradamod • Devaki

lain • Indira Him/ay • neepira Chakravarty, ishita Chakravarty ma Kotharl •" leynranje n, PaernIni Swammathan • Meena goon . Nlhila • Forum against Oppression of Women • Srllatha Batllwala Mirlath Sharma, Linda VaAlanl • 1 leyaranian

ISBN 978-g1-250-47773.-2012

Orient Blackswan Pvt Ltd www,orientblackswan.corn

nimet; fear black s woo.coin

pi Rif kit h. l e i n eb i pul jilj.(inilodliali mon tti hike v • PIM) le ahillrhuarii•ilyderetiEld

NOVEMBER 21, 2025 toe L NOS 46 & 4J ECM Ecanorn motif

The notion of 'work and. empldymentfor women Is complei in India, fewer women partldpate In employment compared to men. While economic factors determine then's participation do employment, women's' participation depends on

diverse reasons and is often rooted In a complex Interplay of economic, cultural, social and personal factors,

The Introduction talks of the oppressionfaced by wage-earning women due to patriarchal norms and capitalist relations of production, while demonstrating how policies and programmes based on national income accounts and labour force surveys seriously disadvantage women.

This volume analyses the concept of 'workl the economic contribution of women, and theiconsequences

of gendenng of work, while focusing on women engaged in varied work in different parts of India, living and working in dismal conditions, and earning paltry Incomes,

Pp xii +394

Rs 645

I0

5 0 > 0 (0 xi a> cu 3 Z N2 a a -0 0 5 3 -.COW tee ' aOs 0 0 11E 5

5• B

o 0 o tna cu co St - n *g- ifg . . .=.- a 5 0

EC a co m — a

o al 5

Bg 8 §.. 8 i

C m 6 -, ...., 0 cn

a g 8 • g o o • * V 1) 3 5 ni 5

cr wc oc 0 0 0 P.• a a iii. g 0

0 2 -' 0) ° 0.) tE co ge, S = o- o 2' a cu a: co - --. co 0. --- z o * a p *

a- 5 0 a> 5 ‘< 0 o a

* 5 n co 3 co co So co 0

cn • cu 2 1:3

co 6 m g 13 al) CO

3 5 07 co

ID CD CO 0. - * 0 CD 0

,c3 5 M c o o

oc co

.... a co -5 r Co c

5' c; '.< a E.

cr, CB a

e., o. r. ai

co o. 0 'I

0) c P ‘--- 2,

FL 0 * .

0 5* 7 o

s n a

_. a' a w a 'a

c._ c a)

a.,>

-Er o'-' 0- a cn cu,

- 2,. c 3 a co V '0 ''

NQ o --t a a

l = co 0 ca z r a ch a -, s. = 5. 0 .. sp 01 m o w n- 3 0 co p ni A 5 31

Er -..

3 00

o 0" 15.3 * = ,‹ co 0 n * < ..< 0 0 a> -1 w o w = a cD co

cli. m o_ 3 o o

ro 3- a 9>

0 g as 4s- Z = 0 0 -4

Jo CD3 2 I th *-Pi

n' itie ctVg ao a =

ag.

ait 2.

_lto ...0

a

— a 0 o r a I (11 ma =0 :1) 5"- )

z 5 a 0 0.

o .0, 35 ce R. 4 91- 2 a . _, r‘a " ,,D a r{ Z SZ

1

o

8)) a E g ig re Q. a 0

gKER to

8 t: = j

(1) i

F. B Emffli qa

4 2, 0 .'' (2) fg Oa' (8a ill g'•• 0*

[ I

-co % a * e.

gg lgt;i

-s E'=L- 3T

a .0)(D9- .z 8. CD 8 co a

0 5 Z -9 a =coon g 8 g

% a 3 a a " . 0 C.

. r a-a=0 ,E t • g' 2". q ,

.@ co o 2 - :...- Z O. co m -4 go o 8

a Q. '07- : 0 a -0 ca •0

CD 0 CO e s' ga7, -4 0 , fll = cp 0 6 6 W"7 8i0 = 0 1**

c w 5' (<) to co< a o: — cc 3.: (3-,Eigaz ca

>mm a.) E r

= al cD

5 CD ( CD ma i CD g — 0 g. 00.)

3 ° 6.g g 1 l"

fp" rt 2) — .... .

t -E; 0 c

Cr 3 ac co 3. 3 8.07;aR a

P ; 5 ID .< a S?

2 2 g :: 4' a

. • „,ar

it . er 1.

E a:2 2 §. < < 0 a 0

° th R ' o a Es co r

q0 21 3cc

OgON 4 5' 2 0. a,

0. ig 0 0 0 0

g -

G9 O

I

7

S

[sin

du! lid

WW

I

62--

-co.= 0 c

2 c, gl- J 5)1 (4* K r E 0

arta p '* g: co g . ao. R el- a gg ° m il 2=8 ,5 0 icp fa" an* V-. 1

r _ 2 0 0 . . 0 5 ° * FDL a •.$) a CD -I 0 CD. 0 3 3 0 ID Rai-is-au-8 2 00

0 2 ;1) 2,,,) Fa* €61'.9,2").r) .0 ,

, , 0 0 2 0 3. o 0 5.. 0 ccoo. Ersr 2 oto w-coa

S)0 o mco 3 0 .8*

0, 0 (D 0-n7 .5.a 413 ,0 =a

co a co _.8- * =op

-••• ff-g g-

=-(D 0 , a.< 8.2! . 51 g I .5, 8 9" g

11 iag 2 Fr _ to

oa De 6 P

g MI st -I CD 6,. fttgAlieff 0. = cigE

CD 0 0 CD o. go 5 .4. RS gllig 0 8-c ,.<

-la m

0 co n ad a 2 c 24 e m a 5 a g 0 ff 0 5:5 a Q:.:" g 5 .:3 0 0 (D , O. 7 to w3

85 ;71g 2,8, ('T, ja al' Paidi.

0. 0 <, mnfacpa 0 80 0 0

P"5... co_ =, 5.0 0 ..$ 2: v. P̀ 2 a (31. - 0 r, a0 0E. r=

I

8 a (0 .... ..... = 5 = ... „Et to 2

< Fim cri .re) g tr

0.,72 0

0 0 0)

2,5 R,P • E 0) tc 0 .P W 5glig

0 DI CD C.

0 .-t

0- ° a .2 0..44 • 0

b. 35 2 § ̀). 5 2

0 0 351. W' v =V t m-

co-0 50 -150gaW 7 as 0.1 0 Cq,

2 2 = _, .r. 0 . r, 0 2 E of!

cp 0 CD 02 0 q

a g g 0, @ : co i -4 oa .,-L 8 co

3 .... a ,..0 8 P 3:2 to 2 tpl *

(D =' Lk

0 0_ • 5' *- = 0:

3a ; 0 C (D 4

zi, -9 '3 *3R 0 2-E co3 E.5 Et

E F33 g, c;.g 3' 5' co o S" * woN

= a) . 5n

o- cn Dr 0' 6-

CA ID aa ..-411ss. 0

0- a *0 21' R 1 W82 ep 74- p on

m .5-

n i Eol. va

coa 6 a 2513 a 0 5-1 g* i 0

, lisal; 0 *s 8 4 5.

a c' K

s

i

. t.4,...• =

Sp to

2 m . Ft; a- EW

3 8 ;1g 2 4P

me, a R-

(ca g

0c 0-5 @I FP 0.221.gtam 0 (5g

(I) cii E3 I

Th . § E. 6 6 $ 0 94 a a.,

30 •-t 3

CD 0 '0 _., .< a ; O

w 0 z c O.

CD 0

0= 0 0 . -, m 0 E, (Fit a

0 2.2

0. 0 = a: - 13 8 .. * 23 _ 2 8 0 Co P...

c 3 <2 (5 0 r .0 0 o

'o 8 c z

a g '6 0 - * 0 9

c3 5 5 a 0 1:3, = Ti m

m = (D w . co

cog 0"5"‹ o

to K to ga:-.5 6 2. a

i" 14

0- 2 .2.. E

r a 3 2 0 cD

0 0 paga-c

E a xi 5 az, o a a, to,, 0. 0

m

2co

N g a p ... ai. 5 6 P

e" 5 N 0 0 61 a ,

v5 m R 5 co 0

W.

? 4N

d C

O Z

91

0Z

/1/1

Date

NORTH BENGAL TEA GARDEN STARVATION

Ami4e-)60 RE —

DEATH 2015 Name Age Sex Tea Garden Patrika Dead 25/07/2015 Borki Marandi 60 F Bagratole Tea Garden UttarBanga Sambad

Date 22/09/2015 29/09/2015 30/09/2015

Sushila Oroaw 55 F Bagratole Tea Garden UttarBanga Sambad Madhuma a Kamir Parbati Lollar

50 60

F F

Bat. tole Tea Garden UttarBanga Sambad Bagratole Tea Garden UttarBanga Sambad 10-02-2015 Padamial Blanjol 60 F Bagratole Tea Garden UttarBanga Sambad 10-02-2015

11-07-2015 11-07-2015

Dhcar Khari Sankar Paik Matiyar Kanaki Munda Arun Chetri

a

Kerketta

40 Bagratole Tea Garden UttarBanga Sambad M M

66

Dhumehi Baru Tea Dhumchipara Tea Nageswari Tea Garden

UttarBan a Sarnbad UttarBanga Sambad UttarBanga Sambad

24/1 1/2015 24/1 1/2015 35 Nageswari Tea Garden UttarBanga Sambad 24/11/2015 Chittiniyas

30 Nageswari Tea Garden UttarBanga Sambad 26/1 1 /2015 Sadanancia Kunal 65 M Madarihar Block, Sambad Protidin 25/11/2015 29/11/2015 Birakh Singh 70 Hantapara Tea Garden UttarBanga Sambad 29/1 1/2015 Gopal Oraon 40 Hantapara Tea Garden UttarBanga Sambad 29/1 1/2015 12-09-7015

Chan2pa Ghtowar 60 F Flantapara Tea Garden UttarBanga Sambad Savna null 50 F Bimara Tea Garden Pai 12-02-2015 Biswalcarma

Kancha 46 Duneans

&Inlay

UttarBanga Sambad 12-03-2015 Riyasad Hossain 50 Birpara Tea Garden UttarBanga Sambad 12-03-2015 Sayla Dorn 54 Birpara Tea Garden UttarBanga Sambad 12-03-2015 Riyas Hossen 55 M Birpara Kancha Line Ganashakti 12-01-2015 12-03-2015 Mahabir Mahali

Mina Baraik 45 M Red Bank Tea Gaiclen

Madarihat Hantapara

Ganashakti 12-02-2015 12-03-2015 12-04-2015 Budhu Kujur. 54 UttarBanga Sambad 12-04-2015 Loto K,harlya 70 Madarihat Hant!para UttarBanga Sambad 12-04-2015 Budi Kujur 55 F Birpara Tea Garden Eai Samay 12-04-2015 Lota Kharia 70 M HantaPara Tea Garden Eai Samay 12-04-2015 Saila Dan

Kancha Biswakarma

50

48

M

M

HantaPara Tea Garden Ganashakti

12-04-2015 Birpara Dainik Statesman 30/11/2015 12-04-2015 Budhni Oroan 45 F Dainik Statesman 12-04-2015

08-09-2015 Mahila Darji 56 F Dainik Statesman Parbati Munda

Lohar Kura

19

65

F M

Hantapara

Hantapara Tea Garden Fact

Hants. : • Tea Garden Fact

Tea Garden Fact

finding Report findin• Re port finding Report

19-09-2015 19-09-2015

15-09-2015 Rajmn 17-09-2015 Shantirnoyee

19-09-2015

Sip

CY-

ITEM NO.48 p,p E )Q Q-gaS 'PAL

SECTION PIL(W)

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Writ Petition(e) (Civil) No(s). 848/2015

PASCHIM MEGA KHET MAJOOR. SANITY Petitioner(s)

VERSUS UNION OF INDIA AND ORS

(with appin. (s) for directions) Respondent(s)

Date 14/12/2015 This petition was called on for hearing today.

CORAM

HON T HLE THE CHIEF JUSTICE HONiStE MR. JUSTICE A.X. SIKRI HOWELE MRS. JUSTICE R. EANUMATHI

For Petitioner(s) Mr. Colin Gonsalvea, Sr. ACV.

Mr; Divya Jyoti Jaipuriar, Adv. Satya Ultra,Adv.

For Respondent(S)

UPON hearing the counsel the Court made the following ORDER

In view of the averments made in para 12 of the writ

petition, we see no reason to entertain this petition under Article

32 of the Constitution of /ndia specially when Mr. Colin Gonsalves,

learned senior counsel for the petitioner submits that the writ

petition pending in the High Court was withdrawn only to file the

present writ petition in this Court. We see no reason why the writ petition should have been

withdrawn to file a fresh petition before

Court th proper petition for appropriate relief or to seek

tgration of the writ petition earlier filed, we dismiss this on in liminie.

(Shashi Sateen) AR-cum-PS

(Veena. Nhera) Court Master

COURT. NO.1

DISTRICT: NORTH 24-PARGANAS


Constitutional Writ Jurisdiction

(Appellate Side)

W.P. No. (W) of 2016

In the matter of:

An application under Article 226 of the Constitution of India

And In the matter of:

Paschim Banga Khet Majoor Samity & Anr

...Writ Petitioners

-Versus- The Union of India and Others

...Respondents

WRIT APPLICATION

Syed Chandan Hossain Advocate

Bar Association Room No. 17, High Court, Calcutta

ICT ORTH24-PARGANAS

IN THE HIGH courc AT CALCUTTA

CONSTITUTIONAL WRIT ILTRISDICTEDNI

(APPELLATE SIDE)

W. P. No. (i 2 2--C— (w) of 2016

Subject matter relating to:

under Group - Head -

the Classification. List.

Clause TEL Pascinm Salmi) Khet felaioo i Anr Ey et

-Versus- Unionof India and Others

Respondents

ocak-gn-Record :

Syeci (Mandan Hossairi

Advocate Bar Associathin Room No. 17, High Court, Calcutta

Sved Chandan Hossein - SARTHAC

Documents