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Order Dated 25-09-2025 - Nuddea Plantations Limited

Order Dated 25-09-2025 - Nuddea Plantations Limited

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Ashok Kumar Singh
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11 views5 pages

Order Dated 25-09-2025 - Nuddea Plantations Limited

Order Dated 25-09-2025 - Nuddea Plantations Limited

Uploaded by

Ashok Kumar Singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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25.09.

2025
Suppl. No. 1
Ct. No. 30
Aloke
In the High Court at Calcutta
Circuit Bench at Jalpaiguri
Constitutional Writ Jurisdiction
Appellate Side

WPA 2115 of 2025

Nuddea Plantations Limited


Vs
The State of West Bengal & Ors.

Mr. Sanjib Bandyopadhyay


Mr. Ashok Kr. Singh
Mr. Pritam Das
Ms. Pritilata Sardar
Mr. Madbusudan Sardar
… for the petitioner

Mr. Usha Nath Banerjee, ld. Special G.P.


Mr. Biswabrata Basu Mallick
Mr. Biman Halder
… for the respondent no. 4

1. Affidavit-of-service filed be kept with the

record.

2. The writ application has been preferred

praying for direction upon the respondent

authorities to dispose of the petitioner’s

representation dated 29.08.2025 and 08.09.2025.

3. On hearing the learned counsels for the

parties, it appears that the Additional Labour

Commissioner, North Bengal Zone, vide an order

dated 22.08.2025 had directed payment of bonus as

per direction in the said Advisory.

4. The petitioner’s submission is that they are

running at a loss for last three years and, as such,


2

are not in a position to pay bonus as declared by the

Additional Labour Commissioner and as the workers

have created trouble in the Tea Estate, notice of

suspension of operation has been declared on

19.09.2025.

5. Learned counsel for the petitioner relies

upon a judgment of the Supreme Court in The

Management of Worth Trust vs. The Secretary,

Wroth Trust Workers Union reported in 2025

latest case law 320 SC. Paragraph 18 and 19

being relevant is reproduced herein:

“18. The Tribunal had awarded the


minimum bonus to the worker i.e.,
8.33% of the annual earnings and
when this award was challenged by the
appellant before the High Court, the
learned Single Judge dismissed the
challenge with a slight modification that
bonus shall be paid after deducting the
amount of ex-gratia already paid to
workmen. This order of the Single Judge
directing adjustment of the amount of
ex-gratia against the bonus was never
challenged by the workmen.
19. We hold that the appellant is not
exempted under section 32(v)(a) or (c) of
the Bonus Act, and the workmen of the
respondent-Union, who are engaged by
the appellant in its factories, are entitled
to get the bonus in accordance with law.
Therefore, the appellant is directed to
pay bonus to its workmen, as per
provisions of the Bonus Act, from the
3

year 1996-1997 till date. This must be


done within a month of this order.”

6. On perusal of the said judgment, it appears

that the Court took note of the order of the Tribunal

which had awarded a minimum bonus to the

workmen @ 8.33% of the annual earnings.

7. It is submitted by the petitioner, that they

are ready and willing to pay 9% which is more than

the minimum bonus, but it submitted by the

respondents that the Additional Labour

Commissioner decided the percentage of Bonus as

per Section 25 of the Payment of Bonus Act, 1965

and the same is to be 20% as has been paid by the

majority of the tea gardens.

8. Learned counsel for the respondent submits

that the present writ application is not maintainable

in view of Section 22 of the Payment of Bonus Act,

1965.

9. The respondents have placed a judgment of

a Co-ordinate Bench passed in WPA 11701 of 2023

dated 01.08.2023, relying upon paragraph 18 and

19 of the said judgment. On perusal of the said

judgment and order, it appears that in the said case

an Advisory dated 27th April, 2023 was challenged.

The Court while considering the validity of the said

Advisory also gave his findings relating to the

applicability of the Minimum Wages Act to the

workers of the tea plantation in West Bengal and


4

finally held that the petitioners could not question

the said Advisory.

10. In the present case too, the Advisory dated

22.08.2025 has been challenged wherein the

Additional Labour Commissioner has directed bonus

to be paid @ 20%. The petitioner herein agitate their

incapability of paying Bonus @ 20%, which is the

maximum amount, in view of their financial

condition.

11. Considering that “bonus” is an amount to

which the workers are entitled to, after having put in

a period of hard labour, this Court is also not

inclined to interfere with the said Advisory.

12. But considering that Durga Puja is only two

days away, it is directed that the petitioner herein

will pay interim bonus @ 9% as agreed by the

petitioner alone by 27th September, 2025.

13. It is made clear that the balance amount

of bonus as claimed by the workers will be subject

to the due provision of law that is, the Payment of

Bonus Act and the relevant provisions of the

Industrial Disputes Act.

14. The respondent authority being the State of

West Bengal through the Labour Commissioner,

West Bengal/the concerned District Magistrate shall

take necessary steps to ensure that a conciliation

proceeding regarding the payment of the balance

amount of bonus as claimed by the workers


5

herein, on the basis of the Advisory dated

22.08.2025, is held/conducted and settled.

15. WPA 2115 of 2025 stands disposed of.

16. Connected application, if any, stands

disposed of.

17. Interim order, if any, stands vacated.

18. Parties shall act on the server copy of this

order duly downloaded from the official website of

this Court.

(Shampa Dutt (Paul), J.)

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