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The management had argued that they were running at a loss for the past three years and were therefore unable to meet the bonus expectations set by the Advisory issued by the Additional Labour Commissioner, North Bengal Zone on August 22, 2025, which aligned with the government’s directive for a 20% bonus. The management, citing disruption due to worker agitation, had also suspended operations on September 19.

In its petition, the management proposed a payment of 9%—above the statutory minimum of 8.33% under the Payment of Bonus Act, 1965—and supported its claim by referencing a Supreme Court judgment (The Management of Worth Trust vs. The Secretary, Worth Trust Workers Union, 2025 Latest Case Law 320 SC), which upheld payment of minimum bonus with adjustments for ex gratia.

However, after hearing both parties and reviewing applicable legal precedents, the High Court declined to interfere with the government’s advisory mandating a 20% bonus. Yet, recognizing the urgency of the approaching festival season, the court issued the following interim directive:

“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.

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.

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 herein, on the basis of the Advisory dated 22.08.2025 is held/conducted and settled.”

Accordingly, the petition filed by the tea garden management has been disposed of, and the court has mandated the Labour Commissioner and the respective District Magistrate to ensure that conciliation proceedings are held to determine and resolve the remaining 11% bonus claim.

Meanwhile, tensions are escalating on the ground. Tea garden workers have declared that they will intensify their protests, including a road blockade on the Damdim–Lava route and an indefinite strike in Gorubathan, starting from September 26, in response to what they view as partial compliance with the bonus directive. Notably, similar road blockades had already occurred on September 21.

Repeated meetings between the district administration, workers’ unions, and the management have largely failed due to the management’s frequent absence. In the one meeting it attended, the management proposed to pay 16% bonus in two installments—11% immediately and 5% at a later date—a proposal rejected by the unions. Subsequently, the management declared a suspension of garden operations.

In a rare show of unity, multiple tea plantation unions have stood together in demanding the full 20% bonus, including Himalayan Plantation Workers Union (affiliated to Gorkha National Liberation Front), Hill Terai Dooars Plantation Workers Union (affiliated to Bharatiya Gorkha Prajatantrik Morcha), National Union of Plantation Workers (affiliated to Indian National Congress), Trinamul Chiya Bagan Shramik Union (affiliated to AITMC) and others.

Union leaders have announced that the agitation will continue until the full bonus is paid and the garden is reopened, warning of more severe actions if their demands are not addressed during the conciliation process.

As the deadline of September 27 looms, and with Durga Puja only days away, the situation remains tense. All stakeholders — workers, management, and the state authorities — are under pressure to reach a lawful and timely resolution that avoids prolonged disruption and ensures workers receive their due entitlements.