10/10/25, 1:21 PM Gmail - Memo No. 2261/DLC/JAL/2025, dated 27-09-2025, for joint conference on 10-10-2025, at 12:30 P.M.

0 P.M. at the Office of t…

Pritilata Sardar <[email protected]>

Memo No. 2261/DLC/JAL/2025, dated 27-09-2025, for joint conference on 10-10-

2025, at 12:30 P.M. at the Office of the Deputy Labour Commissioner, Kathalguri
Building, Kadamtala, Jalpaiguri-735101
1 message

Pritilata Sardar <[email protected]> 10 October 2025 at 13:21

To: [email protected], [email protected], [email protected],
[email protected], [email protected], [email protected], [email protected],
[email protected], [email protected], [email protected]

BEFORE THE DEPUTY LABOUR COMMISSIONER,

JALPAIGURI
KATHALGURI BUILDING,
KADAMTALA, JALPAIGURI – 735101

Reference : Memo No. 2261/DLC/JAL/2025, dated 27-09-2025, for joint

conference on 10-10-2025, at 12:30 P.M. at the Office of the Deputy Labour
Commissioner, Kathalguri Building, Kadamtala, Jalpaiguri-735101.

IN THE MATTER OF:

Conciliation Proceedings pursuant to the Order
dated 25.09.2025 passed by the Hon’ble High Court
at Calcutta, Circuit Bench at Jalpaiguri in W.P.A.
No. 2115 of 2025;

AND

IN THE MATTER OF:

Payment of Bonus to the Workmen of Totapara Tea
Estate under the Payment of Bonus Act, 1965.

Representation on behalf of the Management of Nuddea Plantations

Limited;

1. That the Petitioner, M/s. Nuddea Plantations Limited, is the owner and operator of
Totapara Tea Estate, P.O. Banarhat, District Jalpaiguri, engaged in the cultivation,
plantations and manufacture of tea.

2. That the Hon’ble High Court at Calcutta, Circuit Bench at Jalpaiguri, by its Order
dated 25.09.2025 in W.P.A. No. 2115 of 2025 (Nuddea Plantations Limited –vs–
State of West Bengal & Ors.), has been pleased to dispose of the writ petition with
the following directions;

(i) The Petitioner shall pay interim bonus @ 9% by 27.09.2025, as voluntarily

offered;

(ii) The balance amount of bonus, as claimed by the workmen, shall be subject
to conciliation under the Industrial Disputes Act, 1947 and the Payment of
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Bonus Act, 1965;

(iii) The State Labour Commissioner / District Magistrate shall ensure

that such conciliation proceedings are duly held and settled in accordance with
law.

Photostat Server Copy of Hon’ble High Court’s Order dated 25.09.2025 (W.P.A. No.
2115/2025), is annexed herewith and marked as Annexure – “A”.

3. That in faithful compliance with the aforesaid order, the Management has already
disbursed the interim bonus @ 9% to all eligible workmen of Totapara Tea Estate
by 27.09.2025, and proof of such payment is available in the Estate records.

Photostat copy of such proof of payments, is annexed herewith and marked as

Annexure – “B”.

4. That the Petitioner Company continues to face severe financial distress, having
incurred consecutive losses over the past three financial years, as summarized
below;

(i) FY 2022–23: ₹ 2.80 crores loss

(ii) FY 2023–24: ₹ 3.42 crores loss
(iii) FY 2024–25: ₹ 3.69 crores loss

The cumulative loss exceeds ₹ 9.91 crores. The estate has suffered nearly 50% crop
shortfall in 2024–25, owing to erratic rainfall, pest infestation, mandatory cessation
of plucking under Tea Board directives, and sharp increase in input costs such as
fuel, fertilizer, and statutory levies.

Photostat copy of Financial Statements are annexed herewith collectively and marked
as Annexure – “C”.

5. That despite such accumulated losses, the Management has never defaulted in
statutory payments and continues to maintain all welfare amenities and services as
per the Plantation Labour Act and allied legislations.

6. That the Payment of Bonus Act, 1965 governs the payment of annual bonus to
employees based on profits and productivity;

(i) Section 10 mandates payment of a minimum bonus of 8.33% of wages, even

in years of loss;

(ii) Section 11 provides that the maximum bonus payable is 20% of wages and
may be paid only when the establishment has allocable surplus (i.e., profits
available for distribution after meeting prior charges);

(iii) Accordingly, Section 11 applies only when an establishment has

made profits; whereas in years of loss, the employer’s liability is limited strictly
to the minimum 8.33% under Section 10 of the Payment of Bonus Act, 1965.

(iv) Therefore, in a loss-making establishment such as the petitioner’s, liability

cannot exceed the statutory minimum of 8.33%, as the condition precedent
for invoking Section 11—namely, allocable surplus—is absent.

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7. That since the Petitioner Company has sustained continuous and verified losses,
Section 11 is not attracted, and payment beyond 8.33% is not legally enforceable.
Nonetheless, in obedience to the Hon’ble High Court’s order, the Management has
already paid 9% bonus, which exceeds the statutory minimum.

8. That the advisories dated 21.08.2025 and 22.08.2025, relied upon by the
workmen’s unions, are merely recommendatory and have no binding force to compel
payment beyond the limits prescribed by law. This position has been recognized in the
Hon’ble High Court’s order at paragraph 11.

Photostat copy of the advisories dated 21.08.2025 and 22.08.2025, are annexed
herewith collectively and marked as Annexure – “D”.

9. That the Petitioner, in good faith, made representations before the Assistant Labour
Commissioner and Deputy Labour Commissioner, Jalpaiguri, dated 29.08.2025, and
08.09.2025, praying for permission to pay only the statutory minimum bonus of
8.33%, as per Section 10 of the Act, due to its financial incapacity. However, such
aspects is still awaiting even taken endavour by way of Letter being Memo No.
2145/DLC/JAL/2025, dated 11-09-2025.

Photostat copy of representations dated 29.08.2025, and 08.09.2025, and Letter being
Memo No. 2145/DLC/JAL/2025, dated 11-09-2025, are annexed herewith collectively
and marked as Annexure – “E”.

10. That compelling the Management to pay 20% bonus, despite sustained losses,
would amount to economic coercion and may result in further deterioration of the
plantation’s financial health, potentially jeopardizing employment and welfare of the
entire workforce.

11. That the Petitioner Company has relied on the following Judicial precedents, in
this regard;

1. The Management of Worth Trust v. The Secretary, Worth Trust Workers

Union, 2025 Latest Case Law 320 (SC) — referred to in para 5 of the Hon’ble High
Court’s order dated 25.09.2025.
The Hon’ble Supreme Court upheld that where a Tribunal had awarded
minimum bonus of 8.33%, the same was lawful and binding, and that
the employer’s liability does not extend beyond the statutory minimum in
absence of allocable surplus.

Photostat copy of the said Judgment is annexed herewith and marked as Annexure –
“F”.

2. State of T.N. v. K. Sabanayagam, (1998) 1 SCC 318 —

It was reiterated that bonus is a profit-linked payment; therefore, a loss-
making unit cannot be coerced to pay beyond the statutory minimum.
The Court further clarified that any administrative direction contrary
to the statute is unenforceable.

Photostat copy of the said Judgment is annexed herewith and marked as Annexure –
“G”.

3. Goodricke Group Limited & Ors. v. State of West Bengal & Ors., WPA 11701
of 2023 (Cal HC, order dated 01.08.2023) —
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A Co-ordinate Bench of the Hon’ble Calcutta High Court, while

considering a similar advisory on bonus, held that such advisories are
non-binding and cannot compel uniform rates irrespective of each
estate’s financial performance.

Photostat copy of the said Judgment is annexed herewith and marked as Annexure –
“H”.

12. The Management therefore prays that this Hon’ble Conciliation Authority may
kindly;

(a) Acknowledge full compliance with the Hon’ble High Court’s interim
direction by payment of 9% bonus;

(b) Record the bona fide financial incapacity of the Company, supported by
audited financial statements;

(c) Permit closure of the present conciliation proceedings by accepting 9%

as full and final settlement for 2024–25; or, alternatively;

(d) Refer the matter under Section 10(1) of the Industrial Disputes Act, 1947,
to the appropriate adjudicatory forum if conciliation fails.

13. The Management remains committed to constructive dialogue and lawful

settlement, and respectfully seeks, sympathetic consideration of its genuine financial
position.

INDEX

Sl. Particulars’ Annexure Pages

No.
1 Photostat Server Copy of Hon’ble High “A” 6 to
Court’s Order dated 25.09.2025 (W.P.A.
No. 2115/2025);
2 Photostat copy of such proof of “B”
payments;
3 Photostat copy of Financial Statements; “C”
4 Photostat copy of the advisories dated “D”
21.08.2025 and 22.08.2025;
5 Photostat copy of representations dated “E”
29.08.2025, and 08.09.2025, and Letter
being Memo No. 2145/DLC/JAL/2025,
dated 11-09-2025;
6 Photostat copy of the Judgment The “F”
Management of Worth Trust v. The
Secretary, Worth Trust Workers Union,
2025 Latest Case Law 320 (SC);
7 Photostat copy of the Judgment State of “G”
T.N. v. K. Sabanayagam, (1998) 1 SCC
318;

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8 Photostat copy of the Judgment “H”

Goodricke Group Limited & Ors. v. State
of West Bengal & Ors., WPA 11701 of
2023 (Cal HC, order dated 01.08.2023)

1. To

The Labour Commissioner, Government of West

Bengal, New Secretariat Buildings, 11th Floor, 1,
Kiran Sankar Roy Road, Kolkata – 700001. Phone :
03322488150, Email :
[email protected]

2. The Deputy Labour Commissioner,

Kathalguri Building, Kadamtala, Jalpaiguri –
735101. Phone : 03561230112, Email :
[email protected]

3. The Assistant Labour Commissioner,

Kathalguri Building, Kadamtala, Jalpaiguri –
735101. Phone : 03562257141, Email :
[email protected]

4. The Additional Labour Commissioner (P),

North Bengal Zone, having its Office at Shramik
Bhaban, Dagapur Complex, Pradhannagar,
Siliguri, District – Darjeeling, Pin – 734003.
Email : [email protected]

5. The Joint Labour Commissioner (P),

Jalpaiguri, having its office at Kathalguri
Building, Kadamtala, Jalpaiguri – 735101.
Email : [email protected]

6. The District Magistrate, Jalpaiguri, Office of

the District Nagistrate, Jalpaiguri, at
Collectorate Building, 6th Floor, PO: Jalpaiguri,
Jalpaiguri, PIN-735101, West Bengal. Phone :
03561-230127, Email : [email protected]

7. The Sub-Divisional Officer, Sadar,

Jalpaiguri, having Office at SDO Office,
Jalpaiguri, Pin – 735101, West Bengal, Phone :
03561-232017, Email : [email protected]

8. The Block Development Officer (BDO),

Banarhat, Post Office – Banarhat, Jalpaiguri -
735101, West Bengal, Phone : 7318858006,
Email : [email protected]

9. The Superintendent of Police, Jalpaiguri,

having Office at Collectorate Ave, Jalpaiguri,

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West Bengal 735101, Phone : 3561225588,

Email : [email protected]

10. The Officer in Charge, Banarhat Police

Station, Banarhat, Post Banarhat, District –
Jalpaiguri, Pin – 735202, Phone : 7810900179,
Mobile Number : 9147889167, Email :
[email protected]
The Workmen represented by their respective
Unions;

(a) Trinamul Cha Bagan Shramik Union

(TCBSU), Arbind Paswan, WhatsApp Number :
9635373780;

(b) Bharatiya Tea Workers Union (BTWU),

Romesh, WhatsApp Number : 8145302319;

(c) Cha Bagan Majdur Union (CBMU), Prasanta

Das, WhatsApp Number : 9382042679;

(d) National Union of Plantation Workers

(NUPW), Ajay Tappa, WhatsApp Number :
9593890021;

Having their Office at Totapara Tea Estate, Post

Offfice Banarhat, District – Jalpaiguri, Pin –
735202, West Bengal.

{for information & necessary action}

Nudea_Plantation_-_Representation_before_the_Labour_Commissionate_at_
Jalpaiguri_0001_1__compressed.pdf
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