INTRODUCTION:

Tea is the most widely consumed beverages in the world after water.¹ It is obtained from the leaves of the plant named Camellia sinensis.^2,3 Many research studies have shown that tea has a positive impact on health since it contains antioxidants that aid in the prevention of inflammation and cancer.^4-8 Among global tea producers, India ranks second, and among the top five exporter of the tea worldwide. Though only 20% of total production is exported worldwide and 80% consumed domestically. During the year 2021-22, India’s total tea production was 1344.40 million kg. (Table 1)⁹ where exports were 201 million kg (Table 2)⁹ only that justify the above sentence.

Around 83% of all tea produced in India comes from the northern region, with Assam producing the most, followed by West Bengal, Tamil Nadu, Kerala and Karnataka.

Table 1: State wise Production of Tea in India for the Year 2022-23

States	Production (in M.Kgs)
Assam Valley	628.17
Cachar	43.97
Assam	672.14
Dooars	235.00
Terai	166.58
Darjeeling	7.15
West Bengal	408.73
Others	32.17
North India	1113.04
Tamil Nadu	165.88
Kerala	60.36
Kamataka	5.12
South India	231.36
All India	1344.40

Table 2: Country wise Tea Exports from India for the Year 2021-22

Country	Exports (in M.Kgs)
Russian Fed	32.50
Ukraine	1.68
Kazakhstan	6.48
Other CIS	1.82
Total CIS	42.48
United Kingdom	10.15
U.S.A	13.46
U.A.E	23.20
Iran	29.28
Other Countries	82.22
Total Exports	200.79

(Source: Tea Board of India)⁹

In this article, we have focused on the tea plantation industries, the conditions of tea workers, the disputes between planters and tea workers, the settlement mechanism followed and the effectiveness of the settlement machinery in tea plantation industry of West Bengal.

OBJECTIVES OF THE STUDY:

1. To examine the types and frequency of disputes that arise in the tea plantation industry in North Bengal, including disputes related to wages, working conditions, and other employment-related issues.

2. To identify the various mechanisms used to settle disputes in the tea plantation industry in North Bengal, including formal mechanisms such as arbitration and conciliation, as well as informal mechanisms such as negotiation and mediation.

3. To evaluate the effectiveness of different dispute settlement mechanisms in resolving conflicts in the tea plantation industry in North Bengal, taking into account factors such as timeliness, fairness, and enforceability.

4. To explore the attitudes and perceptions of key stakeholders, including workers, employers, and government officials, towards dispute settlement machinery in the tea plantation industry in North Bengal.

5. To suggest potential improvements or reforms to the existing dispute settlement machinery in the tea plantation industry in North Bengal, based on the findings of the study and best practices from other industries and jurisdictions.

Tea, History, Origin, Tea Industry In India:

Tea has been around for thousands of years. It is believed that tea originated in Assam (northern India), Yunnan Province (southern China), the northern borders of Burma (Myanmar), Laos (Lao People’s Democratic Republic), Vietnam and Thailand.² Though, it has been believed tea was first consumed in China. Anthropologists believe that prehistoric humans discovered indigenous tea bushes growing wild in Yunnan's jungles (in southwestern China).³ Tea was first used for medicinal purposes and was considered a luxury commodity for the wealthy.² In 1776, after the recommendation of Sir Joseph Banks, the cultivation of tea began in India from the selected seeds of the tea plant brought from China. Assam was the home to the first native Indian tea plantation industry in India when Robert Bruce discovered tea plants in the upper Brahmaputra Valley in Assam.¹⁰

West Bengal Tea Industry, Role of the Tea Plantation Industry in the states’ Economy And The Tea Workers And Their Conditions In The State:

The West Bengal industrial landscape places a strong emphasis on the tea sector. After Assam, West Bengal is the country's second largest tea grower. The tea gardens in West Bengal are typically located in the hilly areas of the state, which provide the ideal climate and soil conditions for tea cultivation. The first commercial tea plantations in West Bengal were established in the Darjeeling district by British around 1850 from the seeds of tea plant brought from China.¹⁰ The tea industry is the largest organised industry in the Jalpaiguri and Darjeeling district of northern region of the West Bengal. There are three main tea estates in West Bengal - Hill area (Darjeeling, Kalimpong and Kurseong), Terai and Dooars. There are currently 283 tea gardens in the states out of which, 154 in Terai, 87 in Hill area and 42 in Dooars where area of 17820 hactares in Darjeeling and 97280 hactares in the Dooars and Terai region are under tea cultivation, which collectively produce over 300 million kilograms of tea every year. Tea from West Bengal is known for its unique taste and often described as having a floral, fruity, and slightly spicy flavour with a delicate aroma, which are attributed to the region's unique climate and soil conditions. The tea is enjoyed both within India and internationally, and it is often considered one of the finest teas in the world. The Darjeeling tea, the winner of several international awards, also known as "Champagne of teas" is one of the tea brand from Darjeeling that have very high demand in domestic as well as in international market, because of having unique and delicate flavor of muscatel grapes, sometimes flower and even peachy that cannot be found in other variants of the teas produced in other regions and states of the India. It was the first tea to receive the GI tag.^11,12 Darjeeling tea is also among the highest priced tea in the world.¹¹

Tea Plantation industry plays a significant role in the economy of West Bengal and is the main employment-generating industry in the northern region of West Bengal, employing 2,62,426 permanent tea workers across all tea estates¹³ The tea gardens in the West Bengal are typically managed by large tea companies or individual owners. Women make up half of the total tea workers engaged in the tea plantation industry in the state. Primarily, Adivasis (scheduled tribes) from Chhotanagpur and Santhal-Parganas from Bihar work in the tea plantations. Nepalis make up the remaining labour force. Family-based recruitment was used to hire employees in the beginning, which contributed to their permanent settlement in and around the plantations. The relocation of workers and their families to the plantations was promoted. This achieved two goals. First, the planters desired inexpensive labourers who would settle permanently on the plantations; this could be accomplished by enticing families rather than individuals to move. The planters set the salaries for the entire family, which included men, women, and children, while they worked on the plantation. Second, family migration made it possible for labour to be reproduced, which lessened the difficulty of future recruitment. Tea workers in tea gardens work even more than 8 hours a day sometimes this time also increase to 12 hours just to ensure that the production will not effect. Even, the plucking of tea leaves also need skills hence, the experienced workers have to work more than the non-experienced. Despite the fact that there is a significant contribution of the tea workers in the tea plantation industry in the state, the condition of tea workers in West Bengal has been a matter of concern for many years. The workers in the tea gardens often face several challenges, including low wages, bonus issues, poor living conditions, lack of access to healthcare, and limited educational opportunities, so on. The tea industry's workers find themselves in a situation of negligence and force that they cannot overcome from the life they have been living for so many years, despite being such an important part of West Bengal. As a result, there is always the possibility of disagreements between tea workers and tea industry management and hence created situation of industrial disputes in this sector.

Industrial Disputes, Reasons And Its Consequences:

Industrial disputes are fairly common in the workplace. Industrial disputes were the matter of concern from last so many years. This not only acted as a biggest hurdle in the growth of the industry but also badly affected the economy of the country. Industrial disputes also hinder the productivity of the employees and hence the productivity of the company also decreases. According to Section 2 of the Industrial Dispute Act, 1947, "industrial dispute" means "any dispute or difference between employers and employers, between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment, the terms of employment, or the conditions of labour of any person." Judgment made by Supreme Court in the case Tata Chemicals Ltd. vs Workmen (AIR 1978, SC, 828), on definition of industrial dispute stating “Industrial dispute is not only a dispute between an employer and a recognized majority union but it also includes any dispute or difference between employer and workmen including minority union of workmen which is connected with employment or terms of employment or conditions of labour of workmen”.^14,15 When an employment contract is not followed, a disagreement is brought up under the Industrial Dispute Act of 1947. The problems could include wage demands, bonus demands, union rivalry, political interference, labor practices, etc., which lead to industrial disputes and the subsequent calling of strikes, lockouts, and dharnas. and thus loss of mandays to the company. The first big industrial disputes case was found in the year 1982, which is also known as Great Bombay textile strike, that continued for last a year. The purpose was increase in wages and issue of bonus. From the past literatures it has been found that nearly 250000 workers went to the strikes and nearly 50 textile mills were closed permanently under the consequence of that strikes. Over one laks of textiles workers got unemployed because of the incident. This show that not only employer but employees also get adversely affected by the industrial disputes.¹⁶

Industrial Disputes in Tea Plantation Industry:

The industrial dispute in the tea plantations began in 1848 when the workers of the Assam Company India limited went on strike against the delay in payment of wages.¹⁷ According to the available official information on disputes from 1884 to 1893, there were frequent absconding, occasional litigation, strikes, and even violent mass attacks on the planters. The Trade Union Act of 1926 aided tea workers in systematically organising themselves. By November 1947, the INTUC had organised trade unions in approximately 200 tea gardens. Since then, there has been a long history of labour disputes in India's tea industry.

Factors Contributing To Industrial Disputes In Tea Plantation Industries Of The West Bengal:

Even after so many years after independence, tea workers conditions are not in a same as before. The plight of the tea workers in tea plantation industry of the Northern Bengal continue. Here are the main issue they are facing and act as factors for the gap between the management and workers:

a) Low Wages: Many tea workers in West Bengal earn low wages, which are often insufficient to support their families. Despite recent increases in the minimum wage, many workers still struggle to make ends meet. However, in a recent tripartite meeting held by Minister in Charge of Labour Department, West Bengal, Mr. Moloy Ghatak on April 13, 2023 announced hike of Rs. 18 in daily wages of the tea workers of North Bengal giving them an interim relief.¹⁸

b) Poor Working Conditions: Tea workers in West Bengal often work long hours in harsh conditions, including exposure to pesticides and other chemicals. The use of child labour is also a concern in some tea gardens.

c) Limited Access To Healthcare: Many tea workers in West Bengal have limited access to healthcare, particularly in remote tea gardens. This can lead to health problems going undiagnosed and untreated.

d) Limited Access To Education: Many tea workers in West Bengal have limited access to education, particularly in remote tea gardens. This can limit opportunities for upward mobility and economic advancement.

e) Gender Inequality: Women tea workers in West Bengal often face discrimination and harassment in the workplace. They are also often paid less than male workers for doing the same work.

f) Seasonality: Tea harvesting depends mainly on the weather. since tea cultivation needs cool and fairly dry weather. On the onset of the month of March, the conditions in West Bengal were not suitable for the tea cultivation and harvesting, and hence, for the whole summer, the cycle of cultivation changed. It was discovered at the time that it was extremely difficult for tea workers to find work and were forced to live in a very precarious situation.

g) Lack Of Social Security Benefits: Many tea workers in West Bengal do not receive social security benefits such as health insurance, life insurance, and pension benefits. This has led to demands from workers for better social security benefits.

h) Lack Of Access To Education: Many tea workers in West Bengal have limited access to education, particularly in remote tea gardens. This limits opportunities for upward mobility and economic advancement.

i) Exploitation By Contractors: Many tea estates in West Bengal hire contractors to provide labour. These contractors often exploit the workers by paying them low wages and subjecting them to poor working conditions. This has led to several disputes and protests.

j) Unionization: The formation of trade unions has played a significant role in industrial disputes in the tea industry in West Bengal. Many workers have organised themselves into trade unions to protest against low wages, poor working conditions, and other issues. This has led to several strikes and protests.

k) Political Interference: Political interference has also contributed to industrial disputes in the tea industry in West Bengal. Politicians often use workers as a means to gain political mileage, which has led to several strikes and protests.

Industrial Dispute Settlement Machinery:

The industrial dispute settlement machinery can be defined as a mechanism setup for industrial dispute prevention and settlement, which comprises preventive machinery for early settlement. The absence of effective dispute settlement systems and procedures creates an industrial conflict that has an adverse effect on worker and employer relations. The success of dispute settlement ultimately leads to more production and productivity, which leads to the success of the industry's activity. Following are the procedures involved in the dispute settlement machinery in India:

A. Collective Bargaining:

According to Section 18 of the Act, defines a procedure where any settlement other than a conciliation, which is arrived at through an agreement between an employer and his employees, shall be binding on them. Collective bargaining was defined as "negotiations about working conditions and terms of employment between an employer and a group of employers or one or more employer's organisations on the one hand and one or more representatives of workers' organisations on the other with the goal of reaching agreement" in a manual published by the International Labour Organization in 1960. Collective bargaining is an efficient means of resolving industrial disputes amicably between an employer and an employee (i.e., mostly a trade union on behalf of the employee).

Parties Involved In Collective Bargaining:

An employer, a group of employers, or one or more organisations of employers and one or more representatives of the workers, mainly trade unions,

The Process of Collective Bargaining:

1. A Charter of Demands: Trade union representatives draught a charter of demands that addresses the issues at hand.

2. Negotiations: Once the trade union's charter of demands is submitted, both the employer and the employee look for reasonable compromises until a final agreement.

3. Collective Bargaining Agreement: A collective bargaining agreement, which outlines the terms of employment and working conditions of labour, will be signed by the employer and employees who are represented by trade unions as a result of the parties' negotiations.

B. Grievance Redressal:

Grievance Redressal is a system of in which an employee can communicate his/her concern to the management. In the event of dissatisfaction, the National Commission on Labour's Model Grievance Procedure entails six sequential time-bound procedures, each leading to the next.

1. In the first case, the displeased employee will approach the foreman and verbally inform him of his problem. The foreman is responsible for resolving the worker's complaint, and if he is not pleased, he may approach the supervisor.

2. The supervisor is required to respond within 48 hours. If the supervisor does not respond or if the response is not acceptable to the worker, the worker proceeds to the next phase.

3. At this point, the worker (either alone or with a departmental representative) addresses the Head of the Department, who must respond within three days.

4. If the Departmental Head does not respond or if the worker is dissatisfied with his response, the worker may appeal to the Grievance Committee, which is made up of employer and employee representatives. The Committee's suggestions should be notified to the Management within seven days of the grievance reaching it. Management will carry out the committee's unanimous decisions, if any. If there is no consensus, the views of the Committee members will be presented to the management for his decision. Within three days, the manager must make a decision and notify the employee.

5. The worker may file an appeal against the manager's decision, which must be resolved within a week.

6. If no decision is reached at this point, both the union and management may send the grievance to voluntary arbitration within a week of receiving the management's decision. In practise, the worker may not take all of the preceding stages.

C. Arbitration:

Arbitration is a procedure in which a third party (whether an individual arbitrator, a board of arbitrators, or an arbitration court) is empowered to make a decision that resolves the dispute without acting as a court of law.

D. Conciliation and mediation:

Conciliation and mediation are procedures in which a third party assists the parties during negotiations or when negotiations have reached an impasse in order to help them reach an agreement. While these terms are interchangeable in many nations, they differ in others depending on the level of initiative taken by the third party.

The following authorities are generally required to be involved in the conciliation process:

Work Committee:

The work committee will be made up of representatives from the establishment's employers and workers.

Conciliation Officer:

The government will appoint conciliation officers to mediate and settle industrial disputes.

Board of Conciliation:

Section 5 of the Act states that the government may establish a Board of Conciliation with a chairman and two or four other members to mediate disagreements and settle disputes.

E. Adjudication:

Adjudication of industrial disputes is the last legal option for resolving an industrial dispute. It refers to a government-appointed legal authority that intervenes to reach an agreement that is binding on both parties. In other words, the resolution of an industrial dispute by a labour court or a tribunal is required.

The Plantation Labour Act,1951:

The Plantation Labour Act, 1951,^19-21 applies to any land used or intended to be used for growing tea that measures 5 hectares or more and in which fifteen or more persons are employed or were employed on any day of the preceding twelve months, after obtaining the approval of the Central Government and the State Government by notification in the Official Gazette, as so directs Section 1(4) (Labour Commissionerate, Labour Department, West Bengal).

There are some provisions in the Plantation Labour Act of 1951:

a. provision of making the Act applicable to plantations measuring less than 5 hectares or employing less than fifteen persons

b. Provisions relating to health, housing, and welfare for the plantation workers

c. Depending on the size of the plantations, medical facilities are provided, and hospitals or dispensaries are established.

There is a provision for the appointment of a welfare officer on any plantation employing 300 or more workers, and the size of the plantation determines how many welfare officers are appointed.

West Bengal Plantation Labour Rule, 1956:

Under the Plantation Labour Rule, 1956,²² the West Bengal government has constituted a Medical Advisory Board for consultation in regard to matters connected with the provision of medical facilities and a Housing Advisory Board for consultation on provisions relating to housing facilities. There is a Labour Commissioner and five Assistant Labour Commissioners who help in enforcing provisions relating to some basic amenities and welfare measures, such as medical facilities, crèches, adequate wholesome drinking water, housing accommodations and their repair, hours of work, limitations of employment, leave with wages, overtime, etc.

Review of Literature:

Industrial Disputes and Settlement Machinery in India:

Dutt et al. (2020),²³ in the study entitled “Effectiveness of Conciliation in Resolving Industrial Disputes in West Bengal” found that the rate of disposal for the total disputes handled comes to 37.17%. However, the actual disposal rate is much higher because many times disputes are shown to be settled at the bipartite level or otherwise through conciliation. Further, conciliation is mostly successful on monetary issues and other miscellaneous issues. Conciliation failure is more pronounced in personnel issues.

Bini (2018),²⁴ in her research discovered that weak trade unions, less government effort for the development of collective bargaining methods for dispute resolution, management's negative attitude toward the bargaining points put forward by the unions, employers' uncertainty on the recognized bargaining agent among the unions, statutory limitations to wage boards and pay commissions, statutory fixation of other working conditions, and social security measures are the reasons for the failure of the collective bargaining machinery for settlement of disputes in India

Mishra et al. (2018),²⁵ in their article entitled “Impact of Conflict Management at Workplace: A Methodological and Thematic Review” critically analyzed how any organization's performance and goals may be achieved through effective conflict management and found that while conflict management had issues, it also offered practical benefits.

A study by Rathnamma and Prasad (2017),²⁶ found that there was a need to revise the existing labour legislation in India.

Arputharaj and Gayatri (2014),²⁷ discussed in depth the legal and practical aspects of industrial dispute resolution machinery in India and suggested for provision of social security for both workers and managerial posts employees, arbitration should be considerd mode of disputes settlement after adjudication.

Venugopalan (2011),²⁸ studied the dispute settlement machinery in public and private enterprises in the state of Kerala. Some findings of the study were decrease in trend in disputes handling and settlement in the state. Conciliation and voluntary negotiations share the same percentage to settle an industrial dispute in Kerala and difference in the ratio of dispute settlement cases in private and public sectors industries.

Kaul (2008),²⁹ highlighted the various terms related to industrial disputes as well as the conceptual framework and judicial activism in the concept of industrial disputes. The study discovered a concept of judicial interpretation of the definition of the term "industry" following Hospital Majdoor Sabha and the Corporation of Nagpur, which had the frustrating effect of underlying industrial harmony and social justice in industrial disputes. In the absence of legislative changes, the court in Bangalore Water Supply felt there was a need to lay down clear and broad principles for the interpretation of the term.

Bhangoo (2008),³⁰ in his study enquired about the trends in industrial relations over a span of 37 years (1967-2003) with respect to Punjab. The study showed that the share of personnel matters causing disputes increased due to economic dominated causes over the period. The study also stated that the state government totally failed to provide efficient and effective industrial dispute settlement machinery in Punjab. The author found that there was an urgent need to examine the weak points of the dispute settlement machinery and the requirement to reorganise, redevelop, and restructure the industrial relations machinery in the state.

Moorthy (2005),³¹ found in his study that the percentage of strikes and lockouts in relation to the total number of industrial disputes has decreased in the post-reform period in Tamil Nadu textile industry, owing to increased worker awareness about job security, further, the industrial relations machinery is adequate for efficiently resolving cases, and the total number of cases referred to adjudication during the study period is much lower than the number of cases settled through conciliation officers in textile industries.

Industrial Disputes And The Settlement Machinery In Tea Plantation Industry In India:

In a study by Basu and Banerjee (2022),³² the authors concluded that the structure of tea gardens is shifting from a corporate level to a small, the factor of worker health. Legal guidelines associated with wages and other benefits should be reformed, especially for the workers of small tea gardens. A mechanism should be developed for the workers to come together and form their own collective bargaining unit so that they have a stronger and more united voice to negotiate better wages and better working conditions in order to protect their rights and create more employment in the small gardens

Gurung (2021),³³ discovered in his research that, while the Darjeeling tea industry was profitable, the management's contribution to the tea workers was insignificant.

Gurung and Thapa (2021),³⁴ investigated how, despite trade union efforts for decent wages in West Bengal tea gardens, they failed miserably, and the plight of tea workers persisted.

Chhetri and Kasemi (2019),³⁵ discovered that the poor quality of tea from Dooars leads to the failure of the tea industry and the closure of many tea estates in the Dooars, severely limiting the livelihood and living conditions of tea workers in Dooars, West Bengal.

Pal et al. (2018),³⁶ in their research paper "Impact of health, safety, and welfare measures on productivity: A study on the tea workers of partnership tea estates in the Terai Region of West Bengal," place emphasis on how the health, safety, and welfare measures taken by the tea plantation industry management helped in the productivity of the tea workers.

Gurung and Thanga (2018),³⁷ in their article "Employment Structure in the Tea Plantations of West Bengal," study the categorization of labourers working in the different tea gardens of West Bengal. From this study author found that different tea gardens of West Bengal is gender specific; most of the labourers are women, and the reason to adopt this is generally to depress the wages. Whether the workers are mature, immature, permanent, temporary, experienced, or inexperienced, they get the same wages (Field Survey, 2018). Also major shares of profit are taken by management, and even with the Plantation Labour Act of 1951 for the welfare and rights of the tea workers, tea workers have to live in poor conditions, and even in the worst-case scenario, they are fighting to sustain their basic needs of livelihood.

Kakoty (2018),³⁸ in his study found that the system of disputes settlement machinery in tea plantation industry failed to follow a quick settlement procedure, because of few government officials' corruption with the help of the tea management in tea gardens that affected the maintenance of a healthy industrial relationship in tea gardens. Lack of legal and technical knowledge on the part of the trade unions also slows down the process of dispute settlement and sometimes creates trust issues among the tea workers.

Roy (2017),³⁹ in his study suggested the importance of industrial relations in the tea industry in the northern region of West Bengal. The author concluded that welfare, social, and allowing workers to participate in management activity and decision-making help to maintain good relations between workers and management, and that accountability is important in the tea industry.

Tripti (2017),⁴⁰ in her study, critically examined the pathetic living conditions of the tea workers in West Bengal and how they have been keeping away from all the basic needs like drinking water, toilet facilities, proper sanitation, a clean environment, and basic health and medical facilities.

Sarkar (2016),⁴¹ concluded in his study that the wages and working conditions of tea workers in West Bengal and Assam are deplorable. The main reason for this was the tea garden owners' failure to implement the 1951 Plantation Labour Act on the tea estates.

A study by Biswas (2016),⁴² examined that wages in the West Bengal tea industry were even lower than the minimum wages set by the government for agricultural workers because tea workers have to live in poor living conditions and are in a state of malnutrition, starvation, debt, etc.

According to Bhowmik (2015),⁴³ even after lengthy tripartite wage negotiations, tea workers in West Bengal and Assam received lower wages than tea workers in Tamil Nadu.

Arya (2015),⁴⁴ discovered in her research that the tea industry in Assam was in a critical state due to poor management. Negligence towards tea workers' problems at work and at home, as well as inefficient labour management in tea gardens, contributed to the problem of labour engagement, as tea workers did not want to work in tea gardens and sought other job opportunities, resulting in a labour shortage in the tea plantation industry. So management should consider this if they want to run the industry for a long time in the future.

Goowalla (2012),⁴⁵ in his study, found that recruitment, appointment, and selection procedures are unsatisfactory, the wages system in tea estates is satisfactory, though there is a difference in satisfaction levels between private and government owned tea estates, working conditions are not good, trade unions have trust issues, and the procedure for redressing grievances and settling disputes takes a long time and is not satisfactory.

Further research discovered that industrial relations were critical for both workers and management in West Bengal's tea industries. In a study by Prasanneswari (1984),⁴⁶ on industrial relations in the tea industry in West Bengal, these issues are critically and effectively mentioned by the author. The author pointed out how the failure of management in the implementation of the 1951 Plantation Labour Act, a statutory provision, hinders the lives of the tea workers and hence causes strikes and lockouts in the tea gardens.

Research Gap:

Most of the study by the researchers over the past years examined the living and working conditions of the tea workers, and very few studies have been done on the disputes that arise in the tea sectors and their settlement machinery in the North Bengal. There is more research to be done on settlement machinery that can be enhanced and utilised on a wider scale. Furthermore, no study provides a strategy to teach tea workers how to trust unions that work for their benefit. Most of the authors acknowledged low wages as the cause of their disputes, but no one offered a solution to resolve them.

CONCLUSION AND RECOMMENDATIONS:

From the available works done by the various researchers, it has been observed that the demand for satisfactory wages is the main reason for the industrial disputes in the tea plantation industry in the northern region of West Bengal. The low wage structure in the northern region of West Bengal tea plantations is primarily due to a lack of bargaining power among plantation labour. Wages in West Bengal's tea plantation industry are decided by a tripartite collective bargaining procedure. However, it is unfortunate that such conversations invariably result in pathetic wages. In this perspective, it is critical to understand why the wages and working conditions for tea plantation workers in West Bengal are so low. Employers attempted to justify this by claiming that wages were low because compensation included food, medical facilities, housing, maternity benefits, and so on. Planters are expected to provide benefits as given under the Plantation Labour Act of 1951. Even after accounting for the monetary equivalent of such welfare provisions, wages received by plantation workers are significantly lower than wages in comparable employment categories. Tea workers mainly depend on the trade unions in the different tea gardens of West Bengal for the bargaining process regarding wages on their behalf, but the interference of political parties and the involvement of management personnel in the union members hinder the actual motive of the unions and hence gradually create a trust issue among the tea workers. Hence, the situation for the tea workers remains the same. Even the complexity of the fixation of the minimum wages for the tea plantation workers adds to the situation of helplessness among the workers of the tea gardens. In a recent case, on January 2023, the tea workers from Kalchini Tea Estates in Alipurduar went to protest the delay in payment of wages.⁴⁷ This shows what the situation is. And the condition of the tea workers in West Bengal Even so, the West Bengal government has launched the Chaa Sundari Housing Scheme, which was launched by West Bengal state Chief Minister Mamta Banerjee during her visit to North Bengal. Amit Mitra, Bengal's finance minister, while tabling the budget in the Assembly in 2020.⁴⁸ This scheme aims to improve the living conditions of tea workers by providing them with their own house and legal ownership of that land. It will benefit about 3 lakh and 80 thousand permanent tea workers in North Bengal who are currently living in temporary houses other than this. When it appears that the government is making an effort to improve the working conditions of tea workers, the scheme is on the verge of being canceled. Recently, in an article published in The Telegraph Online on April, 2023, the government sought clarification and the stand of the tea planters on the land rights rule in the Chha Sundari Scheme because the tea planters opposed the specified "rule" in the Scheme.⁴⁹ The reason was the planters’ fear of more absenteeism and an employment crisis.

Tea employers also failed in employee engagement technique miserably. Many studies suggest that employee engagement had a positive impact on the productivity of the company. Higher levels of employee engagement had a positive impact on employee performance and, as a result, a higher rate of goal achievement in the organization.⁵⁰ Employees who are engaged perform better, go above and beyond to help get all job done, show a high level of commitment to the organisation, and tend to be more motivated and optimistic concerning their work goals. Employers with engaged employees have lower employee turnover and better business outcomes.⁵¹ Tea workers also felt demotivated and unwilling to work because they did not have a good working environment as well as satisfactory wages, which made them unhappy and dissatisfied. Many studies have revealed how work-life quality, happiness, motivation, job satisfaction and performance appraisal were important in development of a positive relations between employee and employer, as well as employee and industry productivity. Employee well-being played very crucial role in the smooth operation of organizational work that were totally missing in the tea plantation industry in North Bengal. Mental and physical wellness helps workers to work to their full potential, resulting in increased productivity.⁵² A good quality of work life in an industry attracted workers and resulted in higher employee retention.⁵³ Happiness has a significant impact on work performance. Workplace happiness enhanced employee satisfaction and performance. Aside from that, work happiness increase attentiveness, less absenteeism among workers, and had greater turnover for industry, and also act as a predator of work behavior.⁵⁴ Worker job satisfaction increased as a result of motivation.⁵⁵ The most crucial resource for a company, without which it cannot exist, is its workforce. Satisfied employee resulted in employee’s better outcome in favour of the organization.⁵⁶ When a company used a fair appraisal method, the employee felt pleased with their current job, which reduced employee attrition.⁵⁷ Thus tea management of North Bengal tea industry should take care all the stated points mentioned above for better tea production and to maintain a good relation with the tea workers to avoid the disputes.

Also strict rules and statutory action against the tea planters may change the situation if they fail to employ the welfare rules for the tea workers. Also, an amendment needs to be made to the Plantation Labour Act, 1951, establishing legislative bodies that look at the proper implementation of the provisions of the Plantation Labour Act, 1951, in the state. The government should look at the implementation and delivery of the welfare schemes to the tea workers. More government schemes should be launched in the future, like the Chha Sundari schemes. Wages and bonuses should be paid via direct account transfer to ensure accountability. Furthermore, trade unions serve as a liaison between tea estate management and tea workers. So there should be more involvement in the framework of government policy so that they know the legal aspects before putting the issue in front of the tea industry management and government officials. The wages of the tea workers should be paid under the rule of "semi skilled labour" because the plucking of the tea leaves requires a proper skill. The management should know the importance of maintaining good relations with the tea workers in the West Bengal tea industry. They should also consider the needs of the tea workers; otherwise, productivity will suffer and more tea gardens will be forced to close.

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Received on 06.03.2023 Modified on 09.04.2023

Asian Journal of Management. 2023;14(2):103-112.

DOI: 10.52711/2321-5763.2023.00016