TATA TEA LIMITED Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) 1. Tea gardens like other industrial establishments must depend on offering sufficient attractions in order to maintain their labour force. The emigrant must be convinced that Assam holds out the opportunities of a better life than is open to him in his home land. If he is not convinced, nothing else will secure a flow of immigrants; if he is convinced it will be difficult to keep him away.

(2.) 1. The agony of plantation workers (otherwise known as Tea Garden labours) was sought to be remedied only after India became a republic in the form of Plantation Labour Act, 1951. The Act for the first time attempted to provide certain minimum safeguards in respect of health and welfare of Plantation Labours. The Act provides for certain statutory service conditions including housing, hours of work, weekly holidays, leave including annual leave, maternity leave etc. Despite these safeguards, wages payable to workmen were largely left to collective bargaining, failing which notified minimum wages were paid to these workmen.

(3.) 1. In view of the large scale complaint about the plight of the labours, the Central Government appointed the First National Labour Commission presided by Justice P.B. Gajendragadkar (former Chief Justice of the Supreme Court of India). The said Commission by its extensive hearings covered all industries (both public and private sectors) in India and submitted its report in the year 1969. With reference to the position of casual labour in respect of several industries including the plantations came to the notice of the Labour Commission as found in paragraph 29.26, which is as follows: