2/12/2016 AN URGENT APPEAL FOR SU MOTU PIL TO SAVE THE LIVES OF 40 MONTHS UNPAID EMPLOYEES & THEIR FAMILY MEMBERS A
SERIA…
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AN URGENT APPEAL FOR SU MOTU PIL TO SAVE THE LIVES EMPLOYEES & THEIR FAMILY MEMBERS A
SERIAS CASE OF LIVEHOOD BY MODEL EMPLOYER ,DHIGOI
Inbox x
Apurba Saha Hazra <asahahazra@gmail.com>
to supremecourt, cjap, secretary, mslabhc,
hrca, supremecourt
To
Justice .T.S.Thakur( Honorable Chief Justice Of India,SCI)
Dear Sir
Myself Apurba Saha Hazra( Sr OfficerTechnical
in TCIL) herewith drawing your valued favor of your valued INTERVENTION to the Subjectmatter.And unless your good self requisite Order as deemed appropriate& judicious by your valued Conscience ,our Old),wife (M.A,B.EDhouse
wife),daughter(student of B.TechTextiles)
and my son abject poverty as well as severe mental agony following nonpayment of our salary( under 92 pay scale) since Nov.of our article 21 &23 ( Right to livehood & right to work And it is pertinent to mention that myself is the only earning member of my family, of economy of our family ,and no longer in a position to run my family despite being by GOI. Now being totally embarrassed at this stage after my 23 yrs. Sacred service all India basis Exam. Under two yrs Training on Tech.Service and five yrs Post Training new Project that received no working capital. And we people are being rammed between inflation/higher marker price of essential commodities for we are being paid in 92 scale by CCEAdt16/11/2008 wef. 1/04/2008 as incorporated in our DRS dt March2010. follows:‐“ ZERO GOVERNANCE AT THE CENTRE HAS PARALYSED UNPAID PAYROLL EMPLOYEES OF TYRE CORPORATION,KOLKATA, NOT ONLY TRAGIC BUT ALSO SHAMEFUL FOR ACOUNTRY LIKE DEMOCRACY,&Committed to eradicate Poverty” DEMOCRACY,&Committed to eradicate Poverty ”.
The ill-fated CPSU ,employees, of Tyre Corporation Of India Ltd are not getting their salaries for the last 40 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 crores as OTS payment to the unsecured creditors while TCIL had more 33 crores Cash balance as on 31/03/2010.
But it is most unfortunate that the Management of TCIL neither implemented the 97 Payscales for the employees nor made the payment to the unsecured creditors. However in reality the DHI/GOI has not only failed to execute The TCIL Disinvestment Act 2007 but also dragged TCIL to Liquidation following nonpayment to the unsecured creditors & virtually thrown away the employees in the street without paying the salary and all other statutory dues to the employees,both working or Retired since November 2012. And it is pertinent to mention that even though MOF/GOI had sanctioned Rs 9.05 crores as the payment to the unsecured creditors in
October 2014 to vacate the liquidation of TCIL, the competent authority of TCIL in DHI, neither paid to the
creditors nor released the payment to the employees ( up to August 2013)– the reason can be best
explained by DHI Authority. And remained to be unpaid for the last 30 monthsA
serious violation of
Article 21& 23 by the DHIGOI
,itself who are responsible to protect the very fundamental right to live for
employees (Reference judgment of the SCI case no. 20036SCC).
And The poor employees and their family members are facing unabated mental agony and abject poverty,
remained half feed or starving for days.Many of their kith and kin died without proper treatment,children are
compelled to discontinue their education,many of their houses are likely to octioned by the concerned Bank
Authorities ,after serving several notices toward nonpayment of EMIs.And all this unfortunate situations are
being faced by the poor employees only because of the efficient functioning of DHIDOD/
GOI towards the
implementation of TCIL Disinvestment Act.2007 passed by the Parliament in December 2007 to revive
TCIL, with an employment guarantee for THREE years to the employees after the execution of
disinvestment. The poor employees several times approached THE PMNarendra
Modij & the President
of IndiaSecretriat
to resolve the issue despiteremained in a dying condition. And simultaneously
approached to Calcutta High Court & NHRC.
the latest proceedings of NHRC is as follows :2/
4/2016 nhrc.nic.in/display.asp
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HOME COMPLAINTS GALLERY CONTACT US
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 nonpayment
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 nonimplementation
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.
2/4/2016 nhrc.nic.in/display.asp
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Note: For further details kindly contact National Human Rights Commission, Manav Adhikar Bhawan BlockC,
GPO
Complex, INA, New
Delhi 110023
Tel.No. 24651330 Fax No. 24651329 EMail:
covdnhrc[at]nic[dot]in, ionhrc[at]nic[dot]in
नोट: अ_य जानकार हेतु कृपया संपक करे रा_◌ीय मानव िअधकार आयोग, मानव िअधकार भवन, लॉकसी,
जी.पी.ओ. कलेस,
आई.एन.ए., नई
दल嫽ᘂ 110023,
फोन नं. 24651330 फै_स नं. 24651329 ईमेल
: 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 _耂काशत सूचना म_, अनजाने म_ हुई कसी भी गलती के ि◌लए न तो एन.एच.आर.सी. न ह एन.आई.सी. ज_मेदार है।
Now my earnest request to the honorable Chief justice of INDIA & his office should chalk out
effective measures to resolve the issue immediately for the sake of humanity as well as to honour the
valued order of Calcutta High Court dated 1/12/2015 that 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.
VersusMR.
DIPAK SAHA
ANDRABINDRA
LAL DATTA & ORS.
CA No.390 of 2015
CP No.84 of 2013
TYRE CORPORATION OF INDIA LTD.
VersusSATISH
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
152c9f80e1614dfe&siml=… 6/32
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 privatelyrun
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.) &ORDER SHEET
CA No.593 of 2015
With
CP No.84 of 2013
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
TYRE CORPORATION OF INDIA LTD.(IN LIQUIDATION)
AND
MR. DIPAK SHAH
AND
PRASUN KR. MONDAL & ORS.
BEFORE:
The Hon'ble JUSTICE BISWANATH SOMADDER
Date : 28th January, 2016.
Mr.Asish Kumar Roy, Ms.Sonia Sharma,
Advocates for the applicants.
Mr.Kaushik Chandra, Sr. Adv. Mr. K. J.
Tewari, Advocate for Central
Government.
Mr.Ranajit Chowdhury, Advocate for
Official Liquidator.
Ms.S.Chowbey, Mr.S.Prasad, Advocates
appear.
The Court : Having heard the learned advocates for the parties, this
Court directs the Additional Solicitor General to take specific
instruction from the
concerned authority as to why the decision taken by the Cabinet
Committee on
Economic Affairs (CCEA) on 24th November, 2013, with regard to
approval of
salary support to the extent of Rs.1,065 crores payable to the
employees of Tyre
Corporation of India Ltd. (a company, now in liquidation) from
November, 2012 to
March, 2013, is yet to be implemented taking into consideration the
fact that the
winding up order was passed on 29th November, 2013, i.e. much later.
Let this matter appear for further consideration under the same
heading one week hence.
(BISWANATH SOMADDER, J.)
A/s.
Appropos to above situation the Honorable Chief justice of India is most urnestly requested to
intervene immediately to save the lives of,40 months unpaid PAY ROLL employees of a CPSU (100%
owned by DHIGOI
) who had never made any Demonstration against the GOI_DHI causing damage to
the public property.
please help us to restore our right to live.
Thanking you
Apurba Saha Hazra
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