AN URGENT APPEAL FOR SU MOTU PIL TO SAVE THE LIVES OF 47MONTHS UNPAID EMPLOYEES & THEIR FAMILY MEMBERS - A SERIAS CASE OF VIOLATION OF RIGHT TO LIVEHOOD BY MODEL EMPLOYER ,DHI-GOI & The MATTER WAS CHALLENGED IN CALCUTTA HIGH COURT VIDE CASE NO CA593 OF 2015 & IN NHRC VIDE CASE NO 776/25/8/2015
To DT;25/08/2016
Justice .T.S.Thakur( Honorable Chief Justice Of India,-SCI)
REF : YOUR Letter No F4(13)/4146/SCLSC/2015/WB/4272 DT06/05/2016
Dear Sir
Myself Apurba Saha Hazra( Sr Officer-Technical in TCIL) herewith drawing your valued attention to the subject matter and requesting the favor of your valued INTERVENTION to the Subjectmatter.And unless your good self consieder our case very sympathetically & releases the requisite Order as deemed appropriate& judicious by your valued Conscience ,our family comprising my mother(cardiac Patient,70yrs. Old),wife (M.A,B.ED-house wife),daughter(student of B.Tech-Textiles) and my son (student of 1s year in Civil Engineering )), facing abject poverty as well as severe mental agony following sever financial crunch due to nonpayment of our salary( under 92 pay scale) since Nov.2012- which is a serious violation of our article 21 &23 ( Right to livehood & right to work ) by a Model Employer-GOI.
And it is pertinent to mention that myself is the only earning member of my family, have crossed the Extreme limit to breaking strength of economy of our family ,and no longer in a position to run my family despite being an unfortunate employee of a CPSU 100 % owned by GOI. Now being totally embarrassed at this stage after my 23 yrs. Sacred service to a CPSU since 1992 when I joined TCIL through an all India basis Exam. Under two yrs Training on Tech.Service and five yrs Post Training Bond service during the execution of a Rs123 crs new Project that received no working capital.And we people are being rammed between Governments indecision and soaring inflation/higher marker price of essential commodities for we are being paid in 92 pay Scales despite having approval for 97 pay scale by CCEAdt16/11/2008 wef. 1/04/2008 as incorporated in our DRS dt March2010. Thus the rout cause of our sufferings is as follows:-“ ZERO GOVERNANCE AT THE CENTRE HAS PARALYSED THE LIVES OF THE 40 MONTHS UNPAID PAYROLL EMPLOYEES OF TYRE CORPORATION,KOLKATA, (100% OWNED BY DHI-GOI )- IS NOT ONLY TRAGIC BUT ALSO SHAMEFUL FOR A COUNTRY LIKE INDIA WITH VIABRANT 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 months- A serious violation of Article 21& 23 by the DHI- GOI ,itself who are responsible to protect the very fundamental right to live for employees (Reference judgment of the SCI case no. 2003 6 SCC) & The MATTER WAS CHALLENGED IN CALCUTTA HIGH COURT VIDE CASE NO CA593 OF 2015 & IN NHRC VIDE CASE NO 776/25/8/2015. ACCORDINGLY BOTH THE CONSTITUTIONAL BODIES CONDEMED THE & FAVOURED THE EMPLOYEES IN THEIR VALUED ORDER DT 1/12/2015,29/03/2016(CU.HC )& 25/4/2016(NHRC) RESPECTIVELY WITH A DIRECTION TO SECRETARY DHI-GOI TO MAKE THE PAYMENT WITHIN 30 DAYS. IN THE MEAN TIME THE OFFICIAL LIQUIDATOR HAS SOLD ALL THE ASSETS OF TCIL WORTH AROUND RS200/- CRORES(AS EVALUATED BY SBI CAPS IN DEC 2011, BEING APPOINTED BY DHI-DOD-GOI ) TO HR COMMERCIALS OF DELHI FOR ONLY RS12/-CRORESDI 15JULY(IS A MYSTRY) WHERE AS TOTAL CLAIM OF THE PAYROLL EMPLOYEES IS AROUND RS 30/-CRORES AS SUBMITTED TO OFFICIAL LIQUIDATORAS ON 31ST MARCH 23016.BUT TILL THE DATE WE ARE IN RECEIPT OF ANY PAYMENTS EITHER FROM GOI-DHI OR FROM THE OFFICIAL LIQUIDATOR
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 DHI-DOD/ 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 PM-Narendra Modij & the President of India-Secretriat to resolve the issue despite remained in a dying conditionFOLOWING NO RESPONSE FROM PMO-DHI.
Apropos to above situation your good self is requested to look into the subject matter and take appropriate steps in light of the above & the valued judgement of Calcutta High Court dt 1/12/2016,29/03/2016 & that of NHRC dt 25/04/2016.
Please save our lives,for we have lost our every thing to run the law suits.
With regards .
Apurba Saha Hazra- Sr.officer-Technical TCIL
