MANAGEMENT OF BEHUBAR TEA ESTATE Vs. SECRETARY

JUDGEMENT

(1.) Challenge in this writ petition is the award dated 16/03/2007 of the Industrial Tribunal at Dibrugarh, Assam in Reference No. 9/2005 by which while answering the following issues, the Tribunal has held that the management of Behubor Tea Estate (the writ petitioner) was not justified in not paying ex-gratia to 25 Nos. of employees pertaining to the year 2003-04 and that the said employees are entitled to ex-gratia payment in lieu of bonus @ Rs. 4500/-.

(2.) When the Govt. of Assam vide its notification No. GLR.219/05/9 dated 23/09/2005 made a reference in respect of the dispute that was raised by the respondent No.1 on the above quoted issues, the Industrial Tribunal having registered the dispute as Reference Case No. 9/2005 issued notice to the parties requiring them to submit their written statements.

(3.) In the written statement filed by the petitioner-management, it was stated that the Tea Estate running by it was facing recession for the last several years leading to virtual closure of the Tea Estate. It was their plea that inspite of having heavy financial losses over the years, they extended helping hands to the workers and staff members who had crossed the eligibility criteria under the Payment of Bonus Act, 1965. In the year 2003- 04, its financial position had completely collapsed and as such it was not possible for it to pay any ex-gratia to the concerned 25 employees who had also crossed the ceiling limit of Rs. 3500/- per month. According to the petitioner-management, they were not under any obligation to make the ex-gratia payment and that the earlier payments made was not liable to be set as a precedent.