West Bengal tea workers invoke ILO Article 24, allege systemic labour rights violations

On May 1, 2026, the Paschim Banga Cha Majoor Samity (PBCMS), a tea workers' union in West Bengal, filed a formal representation with the International Labour...

What Happened

On May 1, 2026, the Paschim Banga Cha Majoor Samity (PBCMS), a tea workers' union in West Bengal, filed a formal representation with the International Labour Organization (ILO) invoking Article 24 of the ILO Constitution.
The petition alleges systemic labour rights violations including non-payment of wages and statutory dues (provident funds, gratuity), failure to enforce minimum wages, starvation deaths, and severe malnutrition among tea plantation workers.
A survey of 20,000 workers cited in the petition found that 44% had a BMI below 17, indicating severe malnutrition; a starvation death of an Adivasi worker was recorded in 2024.
The petition alleges discrimination against women workers (who are among the lowest-paid despite being the backbone of the workforce) and marginalisation of Adivasi and tribal communities tied to plantations for generations.
PBCMS also alleges that the Union Government has failed to exercise its statutory powers under the Tea Act, 1953, and that state authorities have neglected minimum wage enforcement despite judicial directives.
The union seeks international accountability and referral of trade union rights violations to the ILO Committee on Freedom of Association.

Static Topic Bridges

ILO Article 24 — Representation Procedure

Article 24 of the ILO Constitution establishes a mechanism through which any industrial association of employers or workers can file a formal representation against a member state that has "failed to secure in any respect the effective observance within its jurisdiction of any Convention to which it is a party."

The right to file a representation is available to any workers' or employers' organization — local, national, or international — without size or nationality restrictions
The representation must: be in writing; reference Article 24 explicitly; specify which ratified ILO Convention has been violated
Once the ILO Governing Body finds the representation receivable, it constitutes a tripartite committee (Government + Employers + Workers) to examine the case
The committee's report contains legal and factual analysis and recommendations, which are submitted to the Governing Body
Article 24 is distinct from Article 26 (which allows State-vs-State complaints) and is specifically designed as a workers'/employers' organization tool

Connection to this news: PBCMS's invocation of Article 24 is strategically significant — it bypasses domestic institutional channels and creates an international accountability record against India as a state party, regardless of whether domestic courts or labour authorities act.

Plantations Labour Act, 1951

The Plantations Labour Act, 1951 is the principal legislation governing conditions of work and welfare of workers in tea, coffee, rubber, cinchona, and other plantations in India. It imposes comprehensive obligations on plantation employers for housing, medical care, canteen facilities, education, and recreational amenities.

The Act applies to plantations employing 15 or more workers and covering at least five acres
Maximum working hours: 9 hours/day and 54 hours/week, with overtime at double wages
Employers must provide housing to workers who have completed six months of continuous service
Plantations employing 50+ women must provide crèches; those employing 300+ workers must have welfare officers
Medical facilities must be maintained by employers for workers and their families

Connection to this news: The PBCMS petition's core allegation — that workers live in conditions below legally mandated minimums — is a direct indictment of the Plantations Labour Act's enforcement, not just its provisions. UPSC Mains questions on labour welfare regularly probe the gap between statutory entitlement and ground reality.

Tea Act, 1953 and Central Government Powers

The Tea Act, 1953 regulates the tea industry in India and grants the central government substantial powers over licensing, production quotas, and trade. The PBCMS petition specifically alleges that the Union Government has not used its authority under the Tea Act to intervene in plantation labour conditions — a significant constitutional and administrative law dimension.

The Tea Act, 1953 established the Tea Board of India as the statutory body for regulating and developing the tea industry
The Act gives the Centre powers to fix minimum prices, regulate export, and license producers
Tea is in the Concurrent List, meaning both Centre and states can legislate on labour conditions
The Seventh Schedule division of powers is relevant: the Centre has not used the Tea Act to override state-level inaction on wages

Connection to this news: The allegation that the Centre failed to exercise Tea Act powers while states failed on minimum wages is a federal governance question — both levels of government are implicated, which is a classic UPSC Mains federalism case study.

ILO Core Conventions and India's Ratification Record

The ILO has eight Fundamental Conventions (now called Core Conventions) covering freedom of association, collective bargaining, elimination of forced labour, child labour, and non-discrimination. India's selective ratification record and the conditions of informal and plantation workers have been subjects of international scrutiny.

India has ratified 47 ILO Conventions (as of 2025), but has not ratified several key ones including Convention 87 (Freedom of Association) and Convention 98 (Right to Organise and Collective Bargaining)
The ILO's Committee on Freedom of Association examines complaints even against countries that have not ratified Convention 87 or 98, because these are considered constitutional principles of the ILO
India ratified ILO Convention 29 (Forced Labour) and Convention 105 (Abolition of Forced Labour)
The 2019 Labour Codes — Code on Wages, Industrial Relations Code, Social Security Code, Occupational Safety Code — consolidated 29 central labour laws but their implementation for plantation workers remains incomplete

Connection to this news: PBCMS's request to refer the matter to the Committee on Freedom of Association is notable precisely because India has not ratified Convention 87 — it tests whether the committee's jurisdiction extends to non-ratifying member states (it does, under the ILO Declaration on Fundamental Principles).

Adivasi Rights and Plantation Communities

Tea plantation workers in West Bengal — particularly in the Dooars and Terai regions — are predominantly from Adivasi (scheduled tribe) communities, many of whom were historically brought from Central India under colonial-era indenture and have since been bound to plantations across generations. Their landlessness, lack of civil registration, and dependence on plantation-provided housing and rations make them among the most vulnerable labour communities in India.

Adivasi communities are constitutionally protected under Articles 15(4), 16(4), and Part V (Fifth Schedule) of the Constitution
The Forest Rights Act, 2006 potentially applies to these communities, but plantation land classification has historically excluded them from its benefits
Women workers in tea gardens perform the most labour-intensive work (plucking) but earn the lowest wages, with gender discrimination embedded in wage structures
Malnutrition and food insecurity in tea garden communities have been documented by multiple official surveys

Connection to this news: The intersection of Adivasi rights, gender discrimination, and labour exploitation in this case touches GS Paper 1 (Society) and GS Paper 2 (Social Justice) simultaneously — making it a high-value Mains cross-cutting topic.

Key Facts & Data

Filing date: May 1, 2026 (International Labour Day) — the symbolic timing is deliberate
Filing union: Paschim Banga Cha Majoor Samity (PBCMS), West Bengal
BMI finding: 44% of 20,000 surveyed workers had BMI below 17 (severe malnutrition threshold)
2024 starvation death: one Adivasi tea worker — cited as evidence of failure of the statutory protective framework
ILO Article 24: allows any workers' organization to petition against a member state for failing to observe ratified conventions
India has ratified 47 ILO Conventions but has not ratified Convention 87 (Freedom of Association)
Plantations Labour Act, 1951: mandates housing, medical care, crèche, welfare officers for plantation employers
Tea Act, 1953: gives the Centre powers over the tea industry; alleged to be unused to protect workers
West Bengal's tea industry (Darjeeling, Dooars, Terai) is one of the largest employers in the organized agricultural sector