1. CRIMINAL LIABILITY ON THE EMPLOYERS
Under the Tea Act 1953, the Central Government has vast regulatory powers particularly in relation to
employers who have defaulted in the payment of wages and PF dues. Under Section 16D of the Act the
Central Government and the Tea Board can initiate stringent measures against the tea undertakings or units
if they are managed in a manner highly detrimental to the tea industry or to public interest. Central
Government should immediately takeover the closed gardens under Section 16E of the Tea Act 1953.
The employers who have misappropriated the dues should be prosecuted under Section 405 of the Indian
Penal Code i.e. criminal breach of trust.
The managements violated their statutory obligations by misappropriating huge amounts from the workers'
earned wages, salaries, bonus, rations, earned leave, provident funds, gratuity, and life insurance. They also
evaded their liabilities to the government exchequer.
Many operational gardens are also following this trend of not paying the wages/salaries in time, not
disbursing cereals in due time, not depositing the PF amount, not paying gratuity, wages and are pushing
the workers and their dependants into starvation and death. On the other hand the owners still have assets
both in the closed garden and in other businesses that can be used to recover these dues. The State
Government should therefore be asked to legal steps necessary to recover these dues. Receiver should be
appointed for reluctant owners, and their assets should be sold off to pay moneys due to the workers as
wages, provident fund etc. Under the law, it is possible for the establishment’s property and the other
property of the owner to be attached and criminal cases to be filed against employers.