Lok Sabha Question No. 1288 (UNSTARRED), answered on 2020-09-19
Subject: Plantation Workers
Ministry: LABOUR AND EMPLOYMENT
Asked by: Raju Bista

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

UNSTARRED QUESTION NO. 1288

TO BE ANSWERED ON 19.09.2020

## PLANTATION WORKERS

1288. SHRI RAJU BISTA:

Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:

- (a)the steps being taken by the Ministry to ensure that Tea and Cinchona Plantation workers are paid their dues during the COVID lockdown period; (b)whether the Ministry is taking any action on plantation owners who do not pay

their share of Provident Fund; and

(c)if so, the details thereof and if not, the reasons therefor?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

(a): Plantation workers are covered by the Plantation Labour Act 1951 which  inter-alia,  covers  the  welfare  of  planation  workers  including  tea workers and cinchona workers.

The  workers  are  also  covered  by  various  industrial  and  social security legislations like Employees' Compensation Act, 1923,  Payment of Gratuity Act, 1972, Payment of Bonus Act, 1965, Maternity Benefit Act, 1961, Payment  of  Wages  Act,  1936,  Equal  Remuneration  Act,  1976,  Industrial Disputes Act, 1947 and Industrial Employment (Standing Order) Act, 1946 as applicable.

The  steps  taken  by  this  Ministry  during  the  COVID  lockdown period are as follows:

- (1) An  advisory  was  issued  to  the  Employers  Associations  wherein the Employers of Public/Private Establishments were advised not to terminate their employees or reduce their wages.
- (2) Twenty  Control  Rooms  were  set  up  by  Ministry  of  Labour  and Employment  across  the  country  to  receive  and  address  the  grievances  of workers regarding wages etc. during the national lockdown.
3. (b) to (c): The Employers of covered establishments under EPF & MP Act, 1952  including  Plantation  establishments  are  required  to  file  Electronic Challan  cum  Return  (ECR)  in  respect  of  all  their  employees  and  remit  the dues within 15 days of close of wage month.

In the event of non-filing of ECR, the employers are alerted through SMS/email  to  remit  the  dues  and  if  compliance  is  not  made,  action  is  taken  to inspect  the  records  of  estt,  assess  the  amount  in  default  by  quasi-judicial process  u/s  7A  of  EPF  &  MP  Act,  1952  and  recover  the  assessed  dues. Penalty is imposed u/s 14B of the Act for wilful default in payment of dues.

The aforesaid action against defaulter is a continuous process as per the various provisions of the Act till compliance is secured.

Keeping  in  view  the  social  distancing  norms during  Covid-19 Pandemic and provide ease and convenience to employers & employees:

- i. e-Inspection  was  introduced  to  enable  the  employers  to  inform the  outstanding  dues,  propose  timeline  to  remit  the  dues  and  intimate closure of their business.
- ii. system  of  virtual  hearings  in  the  quasi  judicial  cases  under section 7A & 14B was recently launched by Hon'ble MoS (I/C), L&E, to hear the parties and fast track the assessment of worker's dues.

During  2019-20,  Rs.7849.51  lakhs  has  been  assessed  under Section 7A, Rs.265.37 lakhs levied under Section 14B and Rs 8750.99 lakhs has been recovered from Tea and Cinchona Plantation establishments.

During the year 2019-20, complaints have been filed with police in 54  cases  of  non-payment  of  employees  share  contributions  deducted  from wages of employees of Tea Plantation.

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