AMAL KUMAR GHATAK Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) THE average rate of plucking of tea leaf, which is known as Ticca and remuneration for the same for the tea garden labourers including men, women and children are generally settled and in the instant case the same was really settled in terms of the settlement as disclosed and it appears that "extra leaf price" in Doars and Tarai Gardens which was initially fixed at 5. 5 Paisa was raised to 7 Paisa per Kg. with effect from 9th June, 1969 in the Tea Gardens at Dears and Tarai.

(2.) THE point involve in this case would be whether payment for such extra plucking of leaf over and above the Ticca by a workman and the payment received by him for that, would be overtime or not.

(3.) THE petitioner is the owner of area garden known as Mission hill Tea Estate within the Police station Gorubathan in the District of Darjeeling. He has stated that the labourers, who pluck tea leaf are known as pluckers and they get fixed rate of wages and dearness allowance as per the rate prevailing. He has stated that Provident Funds are paid accordingly under the Employees' Provident Funds (and Family Pension Funds) Act, 1952 and the Scheme framed there under. It is also the case that daily wages of the workers are fixed on the basis of the quantity which an average workman can pluck in a day, consisting of eight working hours. The petitioner has stated further that during the tea plucking period from June to October, those pluckers, pluck more than the fixed or schedule quantity which they are required to pluck per day and in the event of such plucking, those pluckers, who pluck more, are paid extra in cash in the nature of overtime allowance at the rate as mentioned in the petition. This extra payment in known as "extra leaf price" which according to petitioner are not added to the respective pay bills.