I.P.MUKERJI,J. - (1.) An order of the Hon'ble Supreme Court of India has occasioned consideration by this court, of this application by the Tea Board. It is numbered as C.A. No. 167 of 2008 connected with C.P. No. 558 of 1999. The order of the Hon'ble Supreme Court was made on August 6, 2010, in Writ Petition (Civil) No. 365 of 2006, International Union of Food Agricul v. Union of India. It said as follows : "Interlocutory Application No. 3 is allowed. Having examined the facts of the case, we find that, since 2006, this writ petition has been pending. No steps have been taken under the provisions of the Tea Act, 1953. The tea estates have been abandoned by the tea companies. The workers are left high and dry. They are living in a pitiable conditions. They have not received their dues. Till date, several meetings have been held. However, there is no out come. In the circumstances, we direct the Central Government to carry out their statutory duties under the provisions of the Tea Act, particularly, in terms of sections 16B, 16C, 16D and 16E within a period of six months from today. Accordingly, the writ petition is disposed of."
(2.) Dheklapara Tea Co. Ltd., was wound up by this court on December 6, 2006. The official liquidator of this court took possession of its assets and other properties. These properties included the Dheklapara Tea Estate situated in the district of Jalpaiguri, West Bengal.
(3.) The prayers in the judge's summons taken out on behalf of the Tea Board on or about February 27, 2008, are as follows : "(A) Leave may be granted to the Central Government to take over the tea estate, namely, Dheklapara Tea Estate with liabilities and to hand over the same with liabilities to a suitable private entrepreneur to be selected from expression of interest (EoI) received from the prospective bidders in response to the public notice to be issued by the Central Government in leading newspapers ; (B) The official liquidator be directed to allow the Central Government to take over the tea estate in question, viz., Dheklapara Tea Estate and to hand over to a suitable entrepreneur to be selected from expression of interest (EoI) received from the prospective bidders along with the liabilities of the said tea estate in response to the public notice to be issued in the leading newspapers by the Central Government ; (C) Injunction restraining the official liquidator from taking steps and/or further steps and/or disposing of and/or further encumbering the tea estate, viz., Dheklapara Tea Estate ; (D) Ad interim order in terms of prayer (c) above ; and (E) Such further and/or other order and/or orders and/or direction or directions as to your lordship deem fit and proper.";