Lok Sabha Question No. 4619 (UNSTARRED), answered on 2020-03-23
Subject: Industrial Workers
Ministry: LABOUR AND EMPLOYMENT
Asked by: Raju Bista

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

UNSTARRED QUESTION NO. 4619 TO BE ANSWERED ON 23.03.2020

## INDUSTRIAL WORKERS

4619. SHRI RAJU BISTA:

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

- (a)the  reasons  for  not  including  the  tea  garden,  cinchona  garden
- and other plantation workers as Industrial Workers till date;
- (b)the  reasons  for  depriving  the  plantation  workers  of  various facilities provided to industrial workers, including ESI hospitals; and
- (c)the  action  taken  by  the  Government  to  safeguard  Tea  Garden workers against tea garden owners who have not submitted their portion of the Provident Fund contribution of the workers?

## ANSWER

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

(a): Plantation  workers are covered by a separate Act called the Plantation  Labour  Act  1951  which  inter-alia  covers  the  welfare  of planation workers along with tea worker, cinchona workers etc.

Moreover, the workers of the tea industry 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, the Factories Act and Industrial Employment (Standing Order) Act, 1946.

(b): Plantation  workers  are  not  covered  under  Employee  State Insurance Act (ESI).  However, a Group Personal Accident Insurance Scheme is being implemented by the Tea Board for the benefit of the workers of small tea growers.  Tea workers of organized sector in  other  states  are  covered  under  the  Employees'  Deposit-Link Insurance Scheme of the Employees' Provident Funds & Miscellaneous Provisions Act, 1952.

The  Plantation  Labour  Act,  1951  requires  the  employers  to provide the workers with housing, medical facilities, sickness and maternity benefits and other forms of social security measures.   There  are  provisions  for  educational  facility  for  the worker's  children,  drinking  water,  conservancy,  canteens,  crèches and  recreational  facilities  for  the  benefit  of  the  tea  plantation workers and their families in and around the work places in the tea estates.  The  Plantation  Labour  Act  is  implemented  through  the concerned State Governments for which separate Rules have been framed by them.

(c): Tea  plantations  employing  twenty  or  more  employees  are covered  under  the  Employee  Provident  Fund  and  Miscellaneous Provision  Act,  1952.    Tea  plantations  in  Assam  are  covered  under the Assam Tea Plantation Provident Fund Scheme, 1955.

The covered establishments are prompted through SMS and Emails  if  they  do  not  file  the  returns  and  make  payments  with  due date.    In  case  of  non-enrolment  of  employees  as  members  of  EPF and non-payment of contributions by the employer, the Act provides for  assessment  of  default  through  quasi-judicial  process  under section 7A and levy of penalty under section 14B for willful delay in payment of dues.  Action is also taken against the defaulters under section 406/409 IPC in case of non-payment of employees share of contributions deducted from wages of employees.

During the year 2018-19 and 2019-20 (up to September 2019) action was initiated against the defaulting tea plantation establishment resulting in assessment  of  Rs.6628/lakhs and recovery  of  Rs.3957/-  lakhs.    Further,  during  this  period,  Rs.2700/lakhs of arrears dues were also recovered from defaulting establishments.    During  the  same  period  prosecution  cases  were filed for 41 cases of default and police complaints were filed in 15 cases of non-payment of employees share of contributions deducted from wages.

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