Tea Garden Workers’ Union

On International Labour Day (1 May 2026), the Paschim Banga Cha Majoor Samity (PBCMS), a non-political union representing tea garden workers in West Bengal, escalated a long-standing labour dispute by filing a formal representation before the International Labour Organization (ILO).

Key Point

Invocation of Article 24 of the ILO Constitution

The union invoked Article 24 of the ILO Constitution, which allows workers’ organizations to file representations against a member state for the ineffective implementation of ratified labour conventions. Through this mechanism, the PBCMS alleged that the Indian government has persistently failed to fulfil its international labour obligations.

Allegations of Systemic Labour Rights Violations

The representation accused the authorities of maintaining a “systemic regime of labour rights violations.” According to the union, there has been continued non-compliance with important international commitments relating to:

• Prohibition of forced labour

• Equal remuneration for workers

• Protection of indigenous and tribal populations

Major Grievances Raised by the Union

The union highlighted several critical issues affecting tea garden workers. These include:

• Non-payment of wages

• Failure to deposit Provident Fund (PF) contributions

• Non-payment of gratuity benefits

• Absence of statutory minimum wage enforcement

Evidence of Extreme Economic and Nutritional Distress

The PBCMS conducted a survey covering nearly 20,000 workers, which revealed alarming levels of deprivation. According to the survey:

• Around 44% of workers had a Body Mass Index (BMI) below 17

• The data indicated widespread chronic hunger and severe malnutrition

Allegations of Starvation Deaths

The representation also referred to alleged starvation deaths among Adivasi tea garden workers. It described the situation as a collapse of the governance and welfare system, arguing that state authorities failed to ensure basic livelihood and social security protections.

All About International Labour Organization (ILO)

The International Labour Organization (ILO) is the only tripartite agency of the United Nations, bringing together representatives of governments, employers, and workers from its 187 member States. Since its establishment, the organization has worked to set international labour standards, formulate labour policies, and promote decent work for all women and men.

History Behind the Establishment

The ILO was established in 1919 under the Treaty of Versailles as an affiliated agency of the League of Nations following the end of the First World War.

The creation of the organization was based on the belief that “social justice is essential to universal and lasting peace.” The founders recognized that poor working conditions, exploitation, and inequality could threaten global peace and stability.

In 1946, the ILO became the first specialized agency affiliated with the United Nations.

Headquarters

The headquarters of the ILO is located in Geneva, Switzerland.

Founding Mission and Objectives

The primary mission of the ILO is to promote:

• Social justice

• Internationally recognized labour and human rights

• Decent working conditions

• Employment security and dignity of labour

Nobel Peace Prize

The ILO was awarded the Nobel Peace Prize in 1969 in recognition of its contribution to:

• Improving peace among social classes

• Promoting justice and decent work for workers

• Providing technical assistance to developing countries

Major Contributions of the ILO

Over the decades, the ILO has played an important role in addressing global labour challenges and promoting workers’ rights.

During the Great Depression

The organization contributed significantly to protecting labour rights and improving employment conditions during the economic crisis of the 1930s.

Decolonization Process

The ILO supported newly independent countries in developing labour laws, employment policies, and social protection systems.

Support to Solidarność in Poland

The ILO played a notable role during the rise of Solidarność in Poland, which became an important movement for labour rights and democratic reforms.

Struggle Against Apartheid

The organization also contributed to international efforts against Apartheid in South Africa by advocating equality and workers’ rights.

Organisational Structure of the International Labour Organization (ILO)

International Labour Conference (ILC)

The International Labour Conference is the highest decision-making body of the ILO and is often referred to as the “International Parliament of Labour.”

It meets annually in Geneva and serves as a global forum for discussing major social and labour issues.

The Conference is responsible for:

• Formulating international labour standards

• Determining the broad policies of the ILO

• Adopting Conventions and Recommendations

• Approving the organization’s programme and budget

Governing Body

The Governing Body acts as the executive council of the ILO.

It meets three times every year in Geneva and is responsible for taking important policy decisions of the organization.

Its major functions include:

• Preparing the programme and budget of the ILO

• Supervising the functioning of the International Labour Office

• Implementing policy decisions adopted by the Conference

International Labour Office

The International Labour Office serves as the permanent secretariat of the ILO.

It acts as the operational and administrative centre of the organization and functions under the supervision of the Governing Body and the leadership of the Director-General.

The Office is responsible for:

• Implementing ILO programmes and activities

• Conducting research and preparing reports

• Providing technical assistance to member States

• Coordinating the overall activities of the organization

Functions of the ILO

The ILO performs several important functions aimed at promoting labour welfare, social justice, and decent working conditions globally.

Formulation of Labour Policies

The organization formulates coordinated policies and programmes to address social and labour problems at both national and international levels.

Adoption of International Labour Standards

The ILO adopts international labour standards in the form of:

• Conventions

• Recommendations

It also monitors and supervises the implementation of these standards by member countries.

Assistance to Member States

The organization provides technical and advisory assistance to countries in addressing labour and social welfare challenges.

Protection of Human Rights

The ILO works for the protection of fundamental labour rights, including:

• Right to work

• Freedom of association

• Collective bargaining

• Protection against forced labour

• Protection against discrimination

Research and Publications

The organization conducts extensive research and publishes reports, studies, and data on employment, labour rights, and social security issues.

Objectives of the ILO

The major objectives of the ILO are centred on promoting social justice and decent work.

Promotion of Fundamental Rights at Work

The ILO seeks to promote and realize fundamental principles and rights at work for all workers.

Creation of Decent Employment Opportunities

It aims to create greater opportunities for women and men to obtain decent and productive employment.

Expansion of Social Protection

The organization works to improve the coverage and effectiveness of social protection systems across member States.

Strengthening Tripartism and Social Dialogue

The ILO promotes tripartism and social dialogue among governments, employers, and workers in order to maintain harmonious industrial relations.

International Labour Standards

The ILO establishes international labour standards through Conventions and Recommendations.

Decent Work Agenda of the ILO

The International Labour Organization introduced the Decent Work Agenda to ensure that every person gets access to productive employment under conditions of freedom, equality, security, and human dignity.

The agenda reflects the belief that economic growth alone is not sufficient unless workers also enjoy:

• Fair wages

• Safe working conditions

• Social security

• Labour rights

• Equal opportunities

The ILO seeks to achieve these goals through four major pillars:

Promotion of Employment Opportunities

The ILO works to create greater opportunities for decent and productive employment for both women and men. It emphasizes employment generation that provides dignity, stability, and adequate income.

Social Protection

The organization promotes stronger social protection systems such as:

• Health insurance

• Pension benefits

• Unemployment assistance

• Maternity benefits

These measures help workers and their families maintain economic security during crises and throughout their life cycle.

Social Dialogue

The ILO encourages social dialogue among:

• Governments

• Employers

• Workers’ organizations

This dialogue helps resolve industrial disputes peacefully and promotes harmonious labour relations.

Respect for International Labour Standards

The organization promotes the implementation of international labour standards to protect workers against exploitation, discrimination, forced labour, and unsafe working conditions.

To support these objectives, the ILO provides technical assistance and policy guidance to more than 100 countries across the world.

ILO Declaration on Fundamental Principles and Rights at Work

The ILO Declaration on Fundamental Principles and Rights at Work was adopted in 1998.

Through this declaration, all member States committed themselves to respect and promote certain fundamental labour rights, even if they had not formally ratified the related conventions.

The declaration identifies four core categories of labour rights.

Freedom of Association and Collective Bargaining

Workers and employers have the right to:

• Form organizations and trade unions

• Join associations of their choice

• Participate in collective bargaining

These rights are protected under:

• Convention No. 87

• Convention No. 98

The objective is to ensure democratic participation and protect workers from exploitation.

Elimination of Forced or Compulsory Labour

The declaration calls for the abolition of all forms of forced labour, where individuals are compelled to work against their will.

This principle is covered under:

• Convention No. 29

• Convention No. 105

The ILO considers forced labour a violation of basic human rights and human dignity.

Abolition of Child Labour

The organization seeks to eliminate child labour and protect children from hazardous and exploitative work.

This objective is addressed through:

• Convention No. 138, which fixes the minimum age for employment

• Convention No. 182, which targets the worst forms of child labour

The goal is to ensure that children receive education, health protection, and opportunities for proper development.

Elimination of Discrimination in Employment and Occupation

The ILO promotes equality at workplaces and opposes discrimination based on:

• Gender

• Race

• Religion

• Social origin

• Other identities

This principle is governed by:

• Convention No. 100

• Convention No. 111

The objective is to guarantee equal opportunities and equal remuneration for all workers.

Core Conventions of the ILO

The eight core conventions of the ILO are regarded as the foundation of international labour rights.

These conventions form an important part of the global human rights framework and represent internationally accepted labour standards.

The eight core conventions are:

1. Forced Labour Convention (No. 29)

2. Abolition of Forced Labour Convention (No. 105)

3. Equal Remuneration Convention (No. 100)

4. Discrimination (Employment and Occupation) Convention (No. 111)

5. Minimum Age Convention (No. 138)

6. Worst Forms of Child Labour Convention (No. 182)

7. Freedom of Association and Protection of the Right to Organise Convention (No. 87)

8. Right to Organise and Collective Bargaining Convention (No. 98)

These conventions are highly significant in the modern world because globalization, automation, and economic changes have created new challenges for workers’ welfare and job security.

The conventions collectively strengthen:

• Human rights

• Social justice

• Labour protection

• Inclusive economic development

India and the ILO

India is a founding member of the ILO and has remained a permanent member of the ILO Governing Body since 1922.

The first ILO office in India was established in 1928, and since then the organization has worked closely with India in areas such as:

• Labour welfare

• Skill development

• Employment generation

• Social protection

• Elimination of child labour

Conventions Ratified by India

India has ratified six of the eight core conventions of the ILO. These include:

• Forced Labour Convention (No. 29)

• Abolition of Forced Labour Convention (No. 105)

• Equal Remuneration Convention (No. 100)

• Discrimination Convention (No. 111)

• Minimum Age Convention (No. 138)

• Worst Forms of Child Labour Convention (No. 182)

Conventions Not Ratified by India

India has not ratified:

• Convention No. 87

• Convention No. 98

These conventions relate to:

• Freedom of association

• Right to organize

• Collective bargaining

Reasons for Non-Ratification

The Indian government has argued that ratification could conflict with restrictions placed on government employees under existing service rules.

Ratification may require granting rights such as:

• Right to strike

• Freedom to criticize government policies openly

• Freedom to join international organizations

• Freedom to receive foreign financial assistance

These rights are currently limited for government servants in India.