Gauhati High Court: The Division Bench of Sudhanshu Dhulia, CJ., and Manash Ranjan Pathak, J., addressed the issues relating to situation under the Covid-19 pandemic in the Tea Gardens of Assam and conditioner of workers in these Tea Gardens.

The petitioner submitted before the Court that there are about 800 Tea Gardens and 434 Tea Estates in Assam. The concern of the petitioner was that the Guidelines of the Government of India relating to management of COVID management were not being followed in these Tea Gardens and the Plantations Labour Act, 1951 and the Rules framed therein were also not being followed inasmuch as the COVID Care Centres within the Tea Gardens were taking care of only asymptomatic patients. The petitioner had raised other concerns as well, particularly, need for creation of Post COVID Clinic for treatment of patients, who had suffered from COVID and need to be advised on various aspects after their recovery.

On the other hand, the counsel for the state, Mr. D. Saikia argued that the Government had been conscious of the health of workers in these Tea Gardens and out of 800 Tea Gardens, vaccination had already started in 208 of these Tea Gardens, out of which 28000 workers had been vaccinated and out of these 2000 had also received their second dose. The counsel further submitted other figures showing that the situation is not as alarming as is being made out.

In the light of above the Bench directed the State to submit a written reply showing as to whether test are being done and what kind of test is being done, for determination of COVID-19 infection. Regarding the Mobile Medical Units (MMU) and their use in these Tea Gardens, the Bench said,

We have absolutely no doubt that since the Government already has the resources, these Mobile Medical Units must be put in use for testing and other purposes in the Tea Gardens as well, if not already being done.”

[Anjan Nagg V. Union Of India, 2021 SCC OnLine Gau 1105, decided on 24-05-2021]

Kamini Sharma, Editorial Assistant has put this report together 

Appearance before the Court by:

Counsel for the Petitioner: Mr. W. Sharma
Counsel for the Respondent: Asstt.S.G.I

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