Good governance & 43 months unpaid Payroll employees of Tyre Corporation under GOI-DHI

To                                                                                                                  Dt 1.05.2016 / Hooghly

The Prime Minister-GOI

Sub: Goodgovernance & 43 months unpaid Payroll employees of Tyre Corporation under GOI-DHI

Ref:

Dear sir,

With due respect to our Constitution & all the Constitutional bodies ,we herewith requesting the favor of your valued positive execution in light of the  Valued order  Dt.29/03/2016 of Calcutta High Court toresolve the Problem of 43 months unpaid Payroll Employees  of TCIL (a CPSU 100% owned By Government Of INDIA-DHI ),most urgently for we have already lost our everything during the last 43 months ( the hardest timecan any Government of India  Employee ever think being unpaid since NOV 2012, curtsey to goodgovernance of Central Government-DHI ).

And in the mean time we made several communications to your goodoffices as well as to PI & other Constitutional bodies with a hope that our Prime Minister is the most Judicious Person in India as well as very broad minded  Personality whose heart craves  at sufferings of the poorest poor  Mother ,cooking at the Remotest woodland village in the wood fire, Consequently should clalk out somr effective measures to drag out the Payroll  Employees of Tcil and their family members ( in line with your decision for distributing one lakh LPG cylinders  among the Poor Mothers Free of COST).

However we   The 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 Inefficient  & Incompetent 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.

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 43months- 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. 20036SCC).

Furthur I would like to mention that the matter is not only Painful but also so adversely effected in our society that Honorable Calcutta very badly Criticised the activity of DHI in the Perspective of the Plight of 43 months unpaid Payroll employees  of TCIL in its order dt23/09/2015,1/12/2015& finally29/11/2016.Likewise NHRC the greatest Human Rights Organisation severely emphasised the Plight of the Payroll Employees in its Proceedings dt27/8/2015,28/1/2016 & finally on- 

And all this have not only tranished the  Public Faced Democratic Image of the Present Government  but also the Image of our  Bharat Mata-our Country as a Hole ,for through different medias we are now the aware of the plight of the 43 months unpaid payroll employees of  The GreatGovernment of India which  recently in a official function of EPF,declared &our Prime Minister himself Promised to solve the problem of Employees  right from the Employees Point of View not from the Employeers . And  even then we are remained unpaid till the date despite the order of Calcutta High Court & NHRC though we were not at all responsible for the Present Corrogated status of TCIL.

The latest order of NHRC, New Delhi is as follows:-

5/1/2016 nhrc.nic.in/display.asp

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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

This case pertains to nonpayment

of salary and other dues of the employees of Tyre Corporation of India Ltd. (TCIL), a

Central Public Sector Undertaking, since November, 2012 till date (i.e. 26.05.2015) and immediate implementation of

VRS to the remaining 112 Pay Roll employees of TCIL. The complainant has prayed to save the life of the employees

and their family members. The Commission vide proceedings dated 28.01.2016 observed and directed thus: "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. Pursuant to the directions of the Commission, Under

Secretary to the Govt. of India, Ministry of Heavy Industries and Public Enterprises, Deptt. of Heavy Industries, Govt. of

India, submitted a report dated 15.03.2016 along with a report of the Under Secretary dated 14.09.2015. The report

revealed that the matter has been examined and in pursuance of Calcutta High Court decision dated 01.12.2015, an

affidavit duly signed by Secretary, Heavy Industries, has been filed in the Court interalia

stating that TCIL (now in

liquidation) has land, machinery and fixtures and the sale proceeds of the assets and fixtures of the TCIL (now in

liquidation) are expected to pay the outstanding salary and wages of the employees of TCIL as per statutory provisions of

the Companies Act. The report further stated that the employees of the Company (TCIL) are not the employees of the

Central Government and hence they are not entitled to claim that Central Govt. should pay their salary. The complainant

vide a communication dated 01.04.2016 has forwarded an Order of the Hon'ble Calcutta High Court dated 29.03.2016.

The Hon'ble High Court has directed to make payment of the salary support to the extent of Rs. 1.065 crores payable to

the employees of Tyre Corporation of India Limited (TICL) through Official Liquidator of Calcutta High Court. The

Commission would like to know from the Secretary, Ministry of Heavy Industries, Govt. of India, what action has been

taken by him in compliance of the order of the Hon'ble Calcutta High Court dated 29.03.2016. The Commission would

also like to know if all the outstanding dues of the employees of Tyre Corporation of India Limited (TICL) have been paid.

The Commission considers the necessity to ask this question as the matter pertains to Right to Life and Livelihood of the

employees. Official Liquidator, Calcutta High Court, 6thFloor, 9, Old Post Office Street, Kolkata 700

001, be asked to

submit compliance of payment of salary to the employees of TCIL within four weeks.

Action Taken Additional Information Called for (Dated 4/25/2016 )

Status on 5/1/2016 Response from concerned authority is awaited.

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

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फोन नं. 24651330 फै졈स नं. 24651329 ईमेल

: covdnhrc[at]nic[dot]in, ionhrc[at]nic[dot]in

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Plese do help us honoring the valued orders of Calcutta High Court & NHRC  by Releasing our legitimate statutory dues including our VRS as per the latest payscale of GOI-DHI lest we have not to be entangled with GOI-DHI in Heigher Court (SCI ) & we hope to receive your immediate measures to save the lives of the Poorest Poor Mothers in TCIL family who all are literally starving for months & awaiting for the Panacea from your good office to avert our maiden demonstration in New Delhi along with all our family members at Jantar Mantar as wellas  a Rally of the poor employees & others with the Hoardings of The Orders of NHRC,CAL-HC,& TCIL DISINVESTMENT BILL 2007, along with documents of Corruption in TCIL.

Thanking you.

Apurba Saha Hazra( Sr,Officer Technical-TCIL,& General Secretary TCIL Joint Action Committee )

Old Kapasdanga Kazirbagan, Hooghly-712103, Mob-9163438220

     

NB:The  Order of the  Calcutta High court 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

 

 

 

 

TYRE CORPORATION OF INDIA LTD.

AND

MR. DIPAK SHAH

-AND-

PRASUN KR. MONDAL & ORS.

 

 

BEFORE:

The Hon'ble JUSTICE BISWANATH SOMADDER Date : 29th March, 2016.

 

 

 

 

 

Appearance: Mr. Ashis Ray, Adv. Ms. Kanta Ray, Adv.

Mr. Rajsekhar Basu, Adv.

Ms. Sonia Sharma Adv.

 

Mr. Kausik Chanda, Adv.

Mr. K.J. Tiwari, Adv.

 

Mr. Rajojit Chowdhury, Adv.

 

 

 

 

 

The  Court:    On  28th   January, 2016, this  Court had  directed 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 Limited (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.

 

 

From  the  affidavit  filed  on  behalf  of  the  Department  of  Heavy  Industry, Government of India, which was affirmed on 24th   November, 2015, as well as the subsequent affidavit affirmed on 11th  January, 2016, no clear answer is forthcoming. The only stand of the Union of India which comes out from its affidavit is that the amount outstanding on account of salary due and payable to the employees of the company (now in liquidation) has to be paid by selling the land, machinery and fixtures, which are, according to the Government of India, sufficient to pay the outstanding salary and wages.   The letter dated 14th  March, 2016, addressed to the learned Additional Solicitor General by the Director, Department of Heavy Industry, Government of India, is equally vague and provides no answer to the Court’s specific query.  As such, the stand of Union of India is nowhere near to the answer which the Court was seeking in terms of its order dated 28th  January, 2016.   It is as if the Department of Heavy Industry, Government of India, has allowed an important decision taken by the Cabinet Committee on Economic Affairs (CCEA) on 24th November, 2013, to simply go abegging upon taking shelter behind a winding up order passed by the Court against the company on a latter date.   Propriety demanded that the Department of Heavy Industry, Government of India, should have brought the relevant fact of the winding up order being passed by the Court on a subsequent date to the notice of the Cabinet Committee on Economic Affairs (CCEA) to enable the Cabinet Committee to review its order dated 24th November, 2013, which, admittedly, was never done.

As such, the decision of the Cabinet Committee on Economic Affairs (CCEA) taken on 24th  November, 2013, with regard to the approval of salary support to the extent of Rs.1.065 crores payable to the employees of Tyre Corporation of India Limited, still stands as a valid decision.  However, since the company has now gone into liquidation, this money shall be disbursed by the Department of Heavy Industry, Government of