Big decision by Gauhati High Court; stays removal of DA for Assam tea workers
Big decision by Gauhati High Court; stays removal of DA for Assam tea workers
Digital Desk: Making a big move, the Gauhati High Court stayed Clause 22(C) of the Assam Tea Plantations Provident Fund Act of 1955, which eradicated tea workers' dearness allowance.
The ordinance sparked protests in Guwahati, resulting in temporary repose for 12,000 workers. The Assam Tea Workers' Association incites the government's injustice.
The petitioner Union filed a writ case on February 21 contesting the validity of a proviso added to Clause 22(c) of the Assam Tea Plantations Provident Fund and Pension Fund and Deposit Linked Insurance Fund Scheme, 1968, via a notification dated November 12, 2024.
The labor organization claims that the new provision immediately contradicts Section 3(3) of the Assam Tea Plantations Provident Fund, Pension Fund, and Deposit Linked Insurance Fund Act of 1955.
According to the petitioner's counsel, the Act requires employers to contribute 12% of their employees' total earnings. The lawyer claims that the provision violates the definition of "wages" in Section 2(h) of the Act, which specifies that wages are any amount expressible in terms of money payable to an employee.
Furthermore, the Union claims that the provision breaches Section 2(d) of the Act of 1955. Despite filing a response, the respondents did not expressly address the Union's objection to Section 3(3) of the Act.
During the hearing, Mr. R.K. Borah, the respondents' Additional Senior Government Advocate, requested time to clarify their position on the matter, which the court allowed.
