A COLOURLESS, DARK, MOURNFUL HOLY with TEARS was observed By THE 42 MONTHS UNPAID PAYROLL EMPLOYEES OF TYRE CORPORATION,KOLKATA (100% OWNED BY DHI-GOI )- Curtsey to The Peoples Government at the Centre.
The most unfortunate CPSU ,employees, of Tyre Corporation Of India Ltd are not getting their salaries for the last 42 months since October 2012.Previously the government passed TCIL Disinvestment Bill 2007 advocating Revival of TCIL Kankinara Plant through 100% outright sale. And DRS was released by BIFR on3/3/2010 incorporating the valued recommendations of CCEA dt16/11/2008 regarding implementation of 97 pay scalesS to the employees of TCIL wef 1/04/2008 & payment of Rs 5.7 cores as OTS payment to the unsecured creditors while TCIL had more 33 crores Cash balance as on 31/03/2010. And in recent past The Very Honorable Calcutta High court which passed the very order of Liquidation of TCIL following nonpayment of Rs I.15 crores to the M/s Cook &coal( A listed unsecured Creditor of TCIL ) ,has again passed its valued order on 1/12/2015 in respect of an appeal by the erstwhile payroll employees of TCIL(Ref: Case no CA593 of 2015 & CP no 84 of 2013) , executed by Honorable Justice Sanjeeb Banerjee is as follows;-
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
CA No.593 of 2015
CP No.84 of 2013
TYRE CORPORATION OF INDIA LTD.
-Versus-
MR. DIPAK SAHA
-ANDRABINDRA
LAL DATTA & ORS.
CA No.390 of 2015
CP No.84 of 2013
TYRE CORPORATION OF INDIA LTD.
-Versus-
SATISH KUMAR JAIN
-ANDOFFICIAL
LIQUIDATOR.
Appearance:
Mr. Asish Kumar Roy, Adv.
Mr. Sonia Sharma, Adv.
...for the petitioners.
Mr. Kumar Jyoti Tiwari, Adv.
...for the Central Government.
...for UCO Bank.
Mr. S.S. Bose, Adv.
Mr. Siddhartha Banerjee, Adv.
Mr. K.L. Yadav, Adv.
Ms. Amrin Khatun, Adv.
...for the applicant.
Mr. Ranajit Chowdhury, Adv.
Ms. Tanushree Dasgupta, Adv.
...for the official liquidator.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : December 1, 2015.
The Court : C.A.No.593 of 2015 is an application by some
erstwhile employees of the company (in liquidation). The
applicants claim that their dues of about Rs.8 crore till the date
of the company being wound up have not been paid despite the
2
company, at the time of its liquidation, being a Central
Government undertaking.
It appears that pursuant to a Nationalisation Act of
1984, a privately-run company was taken over by the Central
Government for the purpose of ensuring that the employees of the
company were not jeopardized by the imminent closure of such
company.
Under the Central Government’s management, the company
(prior to its liquidation) operated two principal units at Tangra
and Kankinara. In or about 1990 a reference pertaining to the
company was made under the Sick Industrial Companies (Special
Provisions) Act, 1985 and the Board for Industrial and Financial
Reconstruction (BIFR) recommended that for saving the Kankinara
unit of the company it was necessary that the land and the
entirety of the Tangra unit should be sold. The Tangra unit was,
accordingly, sold.
The company has been wound up on November 29, 2013 on a
creditor’s petition.
In an affidavit filed by the Central Government, its
stand is that a sum of Rs.11 crore was apparently sanctioned for
payment of the employees of the company and to some creditors, but
since such amount was not expended within the time, the grant has
lapsed.
Prima facie, it is unacceptable that a company managed
by the Central Government will leave its employees and workmen in
3
the lurch by washing its hands off and saying, just like a private
entrepreneur, that the dues of the employees should come out of
the assets of the company (in liquidation). If the Central
Government intervened and took over the management of the company
by a Nationalisation Act, ostensibly to ensure that the employees
were not jeopardized by the imminent closure of the units, it
appears, tentatively, that the Central Government will remain
liable to pay the dues of the employees.
In particular, the stand taken by the Central Government
that its grant had lapsed cannot be appreciated.
Let a copy of this order be reached to the Ministry of
Heavy Industries for the Secretary in such Ministry to indicate
the further stand of the Central Government in such regard and as
to whether the Central Government will provide funds for the
payment of the dues of the erstwhile employees of the company. It
may also be permissible for the company Court to involve the
Central Government in the process of the sale of the assets of the
company (in liquidation) to ensure that the best price therefor is
obtained for settling the claims of the creditors of the company
(in liquidation).
Let the application appear six weeks hence.
There is a second application, C.A.No.390 of 2015, where
the prayer is for a Daryagunj flat in Delhi let out to the company
(in liquidation) to be disclaimed in favour of the owners thereof.
4
Ordinarily, the company Court does not indulge in the
practice of obtaining money for the company (in liquidation) for
any property to be released in favour of the landlord or the
owners. But if the Central Government can wish away the claim of
the employees of a Central Government undertaking, the company
Court may also resort to the innovative mode of demanding money
from a landlord or the owner of any property before releasing the
same.
Urgent certified website copies of this order, if
applied for, be supplied to the parties subject to compliance with
all requisite formalities.
(SANJIB BANERJEE, J.)
A/s.
An in view of the above Order The greatest Humanitarian Organisation in our The World’s Largest Demcratic India, NHRC,Newdelhi, whose body is appointed by The Honorable President of India, has again moved forward in support of the unfortunate 42 months unpaid payroll employees of TCIL & released its Valued proceedings on 28/01/2016 where in they advised DHI to release the payments as well as to consider VRS to the employees . And the very Proceedings is as follows:
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National Human Rights Commission
New Delhi, India
Case Details of File Number: 776/25/8/2015
Diary Number 77591/CR/2015
Name of the Complainant APURBA SAHA HAZRA, GENERAL SECRETARY
Address TYPE CORPN. OF INDIA LTD. JOINT ACTION COMMITTEE, OLD KAPASDANGA KAZIR BAGAN,
HOOGHLY , WEST BENGAL
Name of the Victim EMPLOYEES & FAMILY MEMBERS
Address TYPE CORPN. OF INDIA LTD., HOOGHLY,
HOOGHLY , WEST BENGAL
Place of Incident HOOGHLY
HOOGHLY , WEST BENGAL
Date of Incident Not Mentioned
Direction issued by the Commission
These proceedings shall be read in continuation of the earlier proceedings of the Commission dated 27.08.2015. The
complainant, an office bearer of Tyre Corporation of India Ltd Joint Action Committee, Hooghly, vide his previous complaint
dated 26.05.2015 had requested intervention of the Commission regarding non-payment of salary since November 2012 to
the employees of Tyre Corporation of India Ltd (TCIL), Hooghly, a CPSU, under the Department of Heavy Industries,
Government of India, and non-implementation of VRS to the remaining 112 Pay Roll employees, causing mental agony
and harassment of the employees and their family members. The complaint vide proceedings dated 25.05.2015 was
disposed off by transmitting it to the Secretary, Ministry of Heavy Industries & Public Enterprises, Government of India,
New Delhi for such action as deemed appropriate in the matter. The complainant, vide his letter dated 31.07.2015 followed
by various telephonic calls has submitted that the Director, Department of Heavy Industry, Ministry of Heavy Industries &
Public Enterprises, Government of India vide letter dated 22.07.2015 has informed that "the Government had approved
payment of salaries/ wages and statutory dues to the permanent employees of TCIL for the months from November 2012
to August 2013. Meanwhile, in a case filed by unsecured creditors, Calcutta High Court vide its judgment dated
29.11.2013 ordered for winding up of the company and appointed an Official Liquidator. The sanction could therefore not
be issued to the company and salary was not paid to the employees. The Government filed an appeal in Calcutta High
Court for stay on the judgment dated 29.11.2013. The Appeal has been dismissed vide Court order dated 07.08.2014. The
matter is accordingly under process. The Commission vide order dated 27.08.2015 observed and directed thus: "It is a
matter of concern that the TCIL, a Government owned public sector company, has failed to provide wages to its
employees for last 34 months, and the matter is said to be under process for a long. Let a notice be issued to the
Secretary, Ministry of Heavy Industries & Public Enterprises, Government of India, New Delhi calling for a report in the
matter within four weeks. A copy of these proceedings also be sent to the complainant for information. Member KKS(SBII)/
26.08.2015". Pursuant to the directions of the Commission, Director, Ministry of Heavy Industries & Public Enterprises,
Govt. of India, New Delhi, submitted a report dated 15.10.2015 stating that they have already submitted a report dated
14.09.2015 of Under Secretary, Govt. of India, Ministry of Heavy Industries & Public Enterprises. However, a copy of the
report was enclosed again. The report revealed that the matter of Tyre Corporation of India Limited (TCIL), Kolkata, was
examined. A proposal for revival of TCIL was considered by the Cabinet, in its meeting held in Nov., 2008 wherein it
approved the financial restructuring of TCIL though cleaning of the balance sheet and subsequent disinvestment of the
Company. The revival plan of TCIL was also approved by BIFR. As per the revival scheme, TCIL was to be disinvested
through outright sale after cleaning the balance sheet through Department of Disinvestment (DoD). However, the Govt. of
West Bengal raised the issue of Kalyani land which halted the process of disinvestment. Besides, the Govt. had approved
payment of wages/salary and statutory dues to the permanent employees of TCIL for the period from November, 2012 to
August, 2013. Meanwhile, in the Case filed by unsecured creditors, Calcutta High Court vide its judgment dated
29.11.2013 ordered for Winding Up the Company and appointed an Official Liquidator. The sanction could, therefore not be
issued to the Company and the Salary was not paid to the employees. The Govt. filed an Appeal in Calcutta High Court
for stay of judgment dated 29.11.2013. The application has been dismissed vide the Court's order dated 07.08.2014. The
Official Liquidator was taking further action in this matter as per provisions of the Companies Act. The complainant Sh.
Apurba Saha Hazra has submitted various communications to the Commission emphasising the plight of the permanent
employees who had not been paid their salaries for last 38 months. He has stated that the CPSU, 100% owned by Govt.
of India, has not been paying the salaries of its 112 permanent employees and therefore, they are violating their human
right as to Right to Life. Sh. Hazra vide a letter dated 06.12.2015 has forwarded a judgment of the Hon'ble High Court of
Calcutta, in CA No. 593 of 2015 and CP No. 84 of 2013 and CA No. 390 of 2015 and CP No. 84 of 2013. The Hon'ble High
Court of Calcutta, have observed that if the Central Govt. intervened and took over the Management of the Company by a
Nationalisation Act, ostensibly to ensure that the employees were not jeopardized by the imminent closure of the Unit, it
appears, tentatively, that the Central Govt. will remain liable to pay the dues of the employees. In particular, the stand
taken by the Central Govt. that its grant had lapsed cannot be appreciated. The Hon'ble High Court, has stated that
"whether the Central Govt. will provide the funds for the payment of the dues of the erstwhile employees of the Company".
In the light of the above suggestion of the Hon'ble High Court, Calcutta, whether the Govt. proposes to provide funds for the
payment of the dues of the erstwhile employees of the Tyre Corporation of India Ltd., (TCIL)? If so, the long pending
grievance of TCIL employees affecting their Right to Life will be settled . Secretary, Deptt. Of Heavy Industries and Public
Enterprises, Govt. of India, Udyog Bhawan, New Delhi, be asked to submit a reply on the comments/suggestions of the
Hon'ble High Court of Calcutta. A copy of the judgment of the Hon'ble High Court of Calcutta, dated 01.12.2015, and the
representation of the complainant dated 06.12.2015, 21.08.2015, 22.10.2015, 30.10.2015, 04.11.2015, 16.11.2015,
25.11.2015, be also forwarded to him. Secretary, Deptt. of Heavy Industries & Public Enterprises, Govt. of India, Udyog
Bhavan, New Delhi, be also asked to consider sympathetically the VRS applied by these employees of TCIL. Response
within six weeks.
Action Taken Additional Information Called for (Dated 1/28/2016 )
Status on 2/4/2016 Response from concerned authority is awaited.
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Note: For further details kindly contact National Human Rights Commission, Manav Adhikar Bhawan Block-C, GPO Complex, INA, New
Delhi - 110023
Tel.No. 24651330 Fax No. 24651329 E-Mail: covdnhrc[at]nic[dot]in, ionhrc[at]nic[dot]in
नोट: अ_य जानकार हेतु कृपया संपक करे रा_ीय मानव अिधकार आयोग, मानव अिधकार भवन, लॉक-सी, जी.पी.ओ. कले_स, आई.एन.ए., नई
दली - 110023,
फोन नं. 24651330 फै_स नं. 24651329 ई-मेल : covdnhrc[at]nic[dot]in, ionhrc[at]nic[dot]in
Disclaimer: Neither NHRC nor NIC is responsible for any inadvertent error that may have crept in the Information being published on NET.
अ_वीकरण : नेट पर _कािशत सूचना म_, अनजाने म_ हुई कसी भी गलती के िलए न तो एन.एच.आर.सी. न ह एन.आई.सी. ज_मेदार है।
And it is most regrettable that the GOI-DHI has not yet responded to the above orders of CAL –HC on several dates,28/1/2016,11/02/2016 &3/03/2016 , the the court also expressed deep concerned in its valued orders which are as follows:-
ORDER SHEET
CA No.593 of 2015
With
CP No.84 of 2013
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF :
TYRE CORPORATION OF INDIA LTD.(IN LIQUIDATION)
AND
MR.DIPAK SHAH
AND
PRASUN KR. MONDAL & ORS.
BEFORE:
The Hon'ble JUSTICE BISWANATH SOMADDER
Date : 3rd March, 2016.
Mr.Asish Kr.Roy, Mrs. K. Roy, Mr. R. S.
Basu, Ms.Sonia Sharma, Advocates for the
applicants.
Mr.Ranajit Chowdhary, Advocate for Official
Liquidator.
Mr.K. J. Tewary, Advocate for the Central
Government.
The Court : Since no answer is forthcoming till date from the
Additional Solicitor General with regard to the Court’s query as contained in
the order dated 28th January, 2016, let this matter stand adjourned for a
fortnight, for further consideration.
(BISWANATH SOMADDER, J.)
Pa
And the order dt 03/03/2016 is as follows:-
ORDER SHEET
CA No.593 of 2015
With
CP No.84 of 2013
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF :
TYRE CORPORATION OF INDIA LTD.(IN LIQUIDATION)
AND
MR.DIPAK SHAH
AND
PRASUN KR. MONDAL & ORS.
BEFORE:
The Hon'ble JUSTICE BISWANATH SOMADDER
Date : 3rd March, 2016.
Mr.Asish Kr.Roy, Mrs. K. Roy, Mr. R. S.
Basu, Ms.Sonia Sharma, Advocates for the
applicants.
Mr.Ranajit Chowdhary, Advocate for Official
Liquidator.
Mr.K. J. Tewary, Advocate for the Central
Government.
The Court : Since no answer is forthcoming till date from the
Additional Solicitor General with regard to the Court’s query as contained in
the order dated 28th January, 2016, let this matter stand adjourned for a
fortnight, for further consideration.
(BISWANATH SOMADDER, J.)
Appropos to above situation we the unfortunate Payroll employees of Tcil requesting The HONORABLE , Prime Minister MR Narendra Modi & all his respective Concerned Cabinet Ministers as well as all the Members of CCEA to introspect its decision on Tyre Corporation of INDIA Ltd for the above situation is not only shameful to the whole nation but also to the Whole World where ever our honorable Leaders addresses the rest of the World & advocating Social Justice in view of the letters of Honorable Minister Mr Anant Geete , as follows:-
D.O. No.5(10)j2015-PIE-VI _
-MInister of r3Pl-
Heavy Industries & Public Enterprises
Government of India
~ JRIit
aRa 11. 1fta
ANANT G. GEETE NOV 2 15
Dear Shri Tapan Ji,
Please refer to your DO letter dated 7th September, 2015 in response to our
D.O. letter dated 3rd September, 2015 on non-payment of the employees of the
Tyre Corporation of India Limited (TCIL),Kolkata for almost 24 months.
2. The matter has been examined. As you are aware, Calcutta High Court
vide its judgement dated 29.11.2013 ordered for winding up of the company and
appointed an Official Liquidator to take possession of all the assets and properties
of the company now in liquidation and take charge of its books, records,
documents and transactions. The Government filed an appeal in Calcutta Court
for stay on the judgement dated 29.11.2013. The application was dismissed vide
Court order dated 07.8.2014.
3. In pursuance of Kolkata High Court' order dated 29.11.2013, the Official
Liquidator has sealed the company and taken charge of all its books, records,
documents and transactions. All the liabilities of the company including salary,
wages and statutory dues of the employees is to be settled by the Official
Liquidator from the sale proceeds of the assets of the company in accordance with
the Companies Act. In view of the above, the dues of the employees including
salary and wages are to be claimed from the Official Liquidator as per law.
4. I hope you would appreciate the situation.
With regards,
Yours sincerely,
(Anant G. Geete)
Shri Tapan SEm,
Member of Parliament (Rajya Sabha),
13-1, Rouse Avenue,
NewDelhi-110002.
Office: Room No. 176, 'E'Wing, 1st Floor, Odyog Shawan, New Delhi-110 011, Tel.: 91-11-23061339 _
Delhi ResL: 10, Raisina Road, New Delhi-110001, Tel.: 91-11-23736393,23737810
MIIITlh::ai R_- . 501 Sanskruti Co 0 oHsin(] Soc.iAhl Qar: Road VilA l:2arleLEast} Mumbai-4000!i7
And it is Pertinent to mention that the we the poor employees those who are starving for many days are being compelled to pay the Huge fees of the lawyears on the every dates as mentioned above , which National wastage of money prompted by GOI-DHI & Finance Ministry.
And we here with requesting all the Electronic Medias ( including Social Medias –Print Medias ) & their respective Chiefs for advocating in favor 42 months unpaid Payroll employees of TCIL in line with CAL-HC & NHRC to concerned Authorities OF GOI-DHI (including PM-PI ).
Please favor us for the sake of Democracy as well as Humanity & social Justice inview of the above & TCIL DISINVESTMENT BILL 2007-;
1
THE TYRE CORPORATION OF INDIA LIMITED (DISINVESTMENT
OF OWNERSHIP) BILL, 2007
A
BILL
to provide for disinvestment of Government's equity in the Tyre Corporation of India
Limited and for matters connected therewith or incidental thereto.
WHEREAS the InchekTyres Limited and the National Rubber Manufacturers Limited,
engaged in the manufacture, production and distribution of articles mentioned in the First
Schedule to the Industries (Development and Regulation) Act, 1951, namely, tyres, tubes
and other rubber goods, were nationalised under the InchekTyres Limited and National
Rubber Manufacturers Limited (Nationalisation) Act, 1984 and transferred to, and vested in,
theTyre Corporation of India Limited, Calcutta from the 5th day of March, 1984;
AND WHEREAS for the purpose of securing optimum utilisation of the available facilities
for the manufacture, production and distribution of tyres, tubes and other rubber goods,
investment of large amount is necessary;
AND WHEREAS it is expedient to disinvest the Government's equity in the Tyre
Corporation of India Limited, Kolkata to enable the private sector to have investment made
to ensure that the interest of general public are served by the continuance of the manufacture,
production and distribution of the aforesaid articles which are essential to the needs of the
economy of the country;
BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:—
1. This Act may be called the Tyre Corporation of India Limited (Disinvestment of
Owenership) Act, 2007.
Short title.
BILL NO 57 OF 2007
AS INTRODUCED IN LOK SABHA
5
10
15
2
2. Where the Central Government, on the recommendations of the Board for
Reconstruction of Public Sector Enterprises, is of the opinion that disinvestment is to be
made in the Tyre Corporation of India Limited (hereinafter referred to as the company), it may
pass an order providing for transfer, exchange or relinquishment of shares in the company to
any person on such terms and conditions as may be agreed upon.
3. (1) For the transfer to, and vesting in, any person, the shares of the company, there
shall be given to the Central Government by such person or in case such person is a company,
by such company, such consideration, having regard to the book value of assets and liabilities
of the company as may be agreed upon by the Central Government and such person or the
company, as the case may be.
(2) The manner of payment of consideration for transfer of shares of the company to
the transferee shall be such as may be agreed upon between the transferor, the company and
the transferee, the person or the company, as the case may be.
4. The Central Government may, in its order made under section 2, specify that
disinvestment of shares shall be effected by one or more of the following methods as may be
specified in such order, namely:—
(a) by making a public offer or preferential allotment or private placement in
accordance with such procedure as applicable in case of any other Government
company;
(b) by directing the company to make further issue of equity capital to the
members of the public or preferential allotment or private placement, as the case may
be, in accordance with such procedure as applicable in case of the Government company.
5. (1) Every officer or other employee of the company, except the Chairman and
Directors, serving in its employment immediately before the disinvestment of the company
under this Act, shall continue in office or service after such disinvestment, on the same terms
and conditions as if the disinvestment of the company had not been made and shall continue
to do so until the expiry of the period of one year from the date of such disinvestment.
(2)Where an officer or other employee of the company opts under sub-section (1) not
to be in the employment or service of the company, such officer or other employee shall be
deemed to have resigned.
Disinvestment
in the
company.
Provision in
respect of
officers and
other
employees of
the company.
Manner of
disinvestment.
Payment of
consideration
for
disinvestment
in the
company.
5
10
15
20
25
30
STATEMENT OF OBJECTS AND REASONS
The InchekTyres Limited and National Rubber Manufacturers Limited (Nationalisation)
Act, 1984 was enacted to provide for the acquisition and transfer of the undertakings of the
InchekTyres Limited and the National Rubber Manufacturers Limited, with a view to securing
the proper management of such undertakings so as to subserve the interests of the general
public by ensuring the continued manufacture, producion and distribution of tyres, tubes
and other rubber goods which are essential to the needs of the economy of the country and
for matters connected therewith or incidental thereto. The Central Government had transferred
and vested these undertakings in the Tyre Corporation of India Limited, Calcutta on the
5th day of March, 1984.
2. The Tyre Corporation of India Limited, being a public sector enterprise under the
administrative control of the Ministry of Heavy Industries and Public Enterprises (Department
of Heavy Industry), has become a sick industrial company as defined in the Sick Industrial
Companies (Special Provisions) Act, 1985 and a reference in respect of which has been made
to the Board for Industrial and Financial Reconstruction (BIFR) in May, 1992. The Tyre
Corporation of India Limited closed the unviable Tangra unit in August, 2001 and sold the
assets as per the directions of BIFR. The Board for Reconstruction of Public Sector Enterprises
has recommended for financial and capital restructuring of the Tyre Corporation of India
Limited and for looking for a strategic partner who would bring in new technology and
further improve the profitability and market share of the company.
3. Since the approval of Parliament is necessary for changing the public character of
the company as it was held by the Supreme Court in the Centre for Public Interest Litigation
Vs. Union of India (2003) 7 SCC 532, the Tyre Corporation of India Limited (Disinvestment of
Ownership) Bill, 2007 seeks to empower the Central Government to carry out disinvestment.
4. The Bill seeks to achieve the above objectives.
SONTOSH MOHAN DEV.
NEW DELHI;
The 14th May, 2007.
3
LOK SABHA
————
A
BILL
to provide for disinvestment of Government's equity in the Tyre Corporation of India Limited
and for matters connected therewith or incidental thereto.
————
(Shri Sontosh Mohan Dev, Minister of Heavy Industries and Public Enterprises)
MGIPMRND—2357LS(S-5)—16-05-2007.
