GAUHATI HIGH COURT ISSUES ORDER ON THE BAGASA PLANTATIONS V/S THE STATE OF ASSAM AND ORS.

GUWAHATI, India, Aug. 8 -- Gauhati High Court issued the following order on July 10:

1. Heard Mr. M. K. Choudhury, learned senior counsel assisted by Mr. K. Kalita, learned counsel for the petitioner. Also heard Mr. R. Sharma, learned counsel appears for the respondent nos. 2 to 5 as well as Mr. S. S. Roy, appearing for the respondent no.1.

2. The petitioner is a Pvt. Ltd. Company having its office in Dibrugarh. The petitioner owns a tea garden under the name Kaliabur Tea Estate under Bagasa Plantations Pvt. Ltd. The Tea Estate is engaged in plantation of tea crops and its subsequent marketing.

3. The petitioner company in respect of the tea estate was required to make Provident Fund Deposits under the Assam Tea Plantation, Provident Fund Scheme Act, 1955. However, the petitioner having defaulted, proceedings were initiated by the competent authority.

4. In this context, although it is claimed by the petitioner that the payments have been continued to be made in installments and also post-dated cheques upto the year 2027 have already been issued, however, in respect of the demands raised, a personal hearing was fixed on 13.05.2025 by the Assam Tea Employees Provident Fund Organisation. Pursuant thereto, the petitioner appeared before the authorities concerned. However, no final order was passed. While the said proceedings were pending, the respondents by communication dated 24.03.2025, cancelled the payment by installments which was offered to the writ petitioner and on 02.04.2025, a notice of demand raising a demand of Rs.5,63,56,196.66/-, was raised as dues outstanding and to be paid by the petitioner towards provident fund dues. Subsequent thereto, the petitioner was informed that recovery proceedings will be initiated for recovery of the amount due towards provident fund dues by attaching movable/immovable properties of the Kaliabur Tea Estate.

5. The Kaliabur Tea Estate Primary units of the Assam Chah Mazdoor Sangha represented before the Secretary-cum-PF Commissioner of the Assam Tea Workers Provident Fund Organistion, requesting that the attachment of the movable/immovable properties not to be carried out. Subsequently, the recovery Officer of the Assam Tea Employees Provident Fund Organisation informed the President/Secretary of Assam Chah Mazdoor Sangha, that the recovery proceedings have been postponed until further notice.

6. At this stage, the learned senior counsel for the petitioner's submits that when the petitioner was diligently adhering to the scheme of payment by installments, there was no occasion for cancellation of the scheme permitting the petitioner to make payments by installments and instead issue the notice of demand. The personal hearing conducted was also not disposed of and if disposed of, no speaking order has yet been served on the petitioner. He therefore, submits that that impugned proceedings be interfered with and set aside and till the time the matter is heard and decided, adequate interim protection be granted restraining the respondents from proceedings the recovery proposed to be made.

7. Mr. R. Sharma, appearing for the respondent authorities submits that petitioner has defaulted in the payment of provident fund as required and consequently having no option the recovery proceeding has been initiated. He however, fairly submits that the hearing which was conducted by the Secretarycum-Provident Fund Commissioner has not been concluded, as no speaking order as on date has been passed.

8. Having heard the learned counsel for the parties, this Court is of the view that since the hearing which was initiated by the Secretary-cumProvident Fund Commissioner, Board of Trustees, Assam Tea Employees Provident Fund Organisation, had remained pending and no final decision has been taken by the concerned authority, it will be in the interest of justice that the said Tea Employees Provident Fund Organisation is directed to conclude the personal hearing which was initiated and for which notice dated 06.05.2025 was issued to the Managing Director of the Petitioner Company. Any such speaking order that is passed on the said hearing, copy thereof shall be served on the petitioner. This hearing shall be concluded within a period of 30 days from the date of receipt of certified copy of this order. Till such decision is arrived at by the Assam Tea Employees Provident Fund Organisation in the hearing as had been directed, no recovery proceedings by way of attachment of movable/immovable properties shall be given effect to, till such disposal.

9. Writ petition accordingly, stands disposed of. Parties may appear in both the authorities by furnishing a certified copy of this order.

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