To DT;26/10/2016
Justice .T.S.Thakur( Honorable Chief Justice Of India,-SCI)
REF : YOUR Letter No F4(13)/4146/SCLSC/2015/WB/4272 DT06/05/2016
Sub : Non payment of Salary to the Employees of TYRE CORPORATION OF INDIA LTD (A CPSU ,100%owned by DHI-GOI ) for the last 48 months - 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.
Dear Sir,
Very Good morning & we are onceagain drawing your valued attention to the fact that even after the valued order of Calcutta High Court dt 29 /03/2016 ( WRT Case CA 593 of 2015 ) & Subsequent CC 91 of 2016 as follows-;
ORDER SHEET
CC No.91 of 2016
With
CA No.593 of 2015
CP No.84 of 2013
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
PRASUN KUMAR MONDAL & ORS.
Versus
RANJAN S. KATOCH & ORS.
BEFORE:
The Hon'ble JUSTICE BISWANATH SOMADDER
Date : 9th September, 2016.
Ms. Sonia Sharma, Adv. for the applicants.
The Court : On the prayer of the learned advocate for the applicants,
leave granted to amend the cause title of the contempt application by incorporating the
name of the Official Liquidator, described as the alleged contemnor/respondent no.3.
Upon effecting such amendment, the learned advocate appearing on
behalf of the applicants is directed to serve notice together with a copy of the instant
contempt application upon the alleged contemnors/respondents and file an affidavit
of service, indicating service as directed herein, on the next date.
Let this matter appear for further consideration under the same heading
two weeks hence.
(BISWANATH SOMADDER, J.)
And even after THE Model Employer has not taken any positive initiative to resolve the issue by paying the victim employees, their all respective dues including VRS Benifit as given to the other SiCK CPSU employees Following the unwanted CLOSURE in Hindustan Cables LTD , HMT, Hindustan PHoto FLIMS LTD & so on -So forth, but ignoring the valued Advice of Calcutta High Court To participate in the Sale Proces of TCIL( vide order of CA 593 dt 1/12/2015 ) allowed the disposal of the TCLIL assets worth around Rs 200 Crores ( as Evaluted by SBI Caps . dt Feb 2012 ) for only 12 CRORES as on 15 /07/2016 without any Settlement of Claims of RS 32 crores ( Final Settlement including VRS ) submitted to the official Liquidator as on 31st March 2016 following an advertisement in BARTAMAN PATRIKA dt 22 FEB 2016. And we the poor 48 months unpaid CPSU Employees are completely reuined By a MODEL Greatest Democracy of The World, needs to Revalued by your Excellence to protect our Right to Live hood-- & The descision of DHI- GOI vertually not only Exployting its Own Citizen Employees But also Challenging Our Valued Constitution-- that Protects our Fundamental Rights--- Seemed to be we are living in a Foreign Collonialism.
And the above circumstances the Sale of TCIL through official Liquidator was again Callenged in Court of Chief Justice of Calcutta High Court, on 3rd October 2016 vide CASE NO ACO 138 of 2016 and Matter was STAYED :
ORDER SHEET
ACO NO.138 OF 2016
WITH
APOT NO.328 OF 2016
ACO NO.139 OF 2016
CP NO.84 OF 2013
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
TYRE CORPORATION OF INDIA LTD.(IN LIQN.)
AND
ANUP HOME ROY & ANR.
Versus
UNION OF INDIA & ORS.
BEFORE:
The Hon'ble CHIEF JUSTICE GIRISH CHANDRA GUPTA
The Hon'ble JUSTICE ARINDAM SINHA
Date : 3rd October, 2016.
MS.SONIA SHARMA,ADVOCATE FOR APPELLANTS
MR.MAINAK BASU, MR.RANJIT KR.BASU, MR.RAJARSHI DUTTA, ADVOCATES FOR RESPONDENT NO.3
MR.KAUSHIK CHANDA, LD.A.S.G.MR.KUMAR JYOTI TIWARI, ADVOCATE OR U.O.I.
MR.RONOJIT CHOWDHURY, ADVOCATE FOR OFFICIAL LIQUIDATOR.
The Court : The order under challenge shall remain
stayed.
Let affidavit-in-opposition be filed within 3rd November,
2016; reply, if any, be filed within 11th November, 2016. Let the matter
appear in the list on 15th November, 2016.
Affidavit of service filed be kept on record.
(GIRISH CHANDRA GUPTA, CJ.)
(ARINDAM SINHA, J.)
sb.
Appropos to above situation we once again requesting your valued intervention to the subjectmatter as well as to redefine the Legal obligation of GOI-DHI to face Contemn of Court for not making the payments in the pretext of Liquidation.
Hope your Good Office will do the need ful immediately to resolve the issue in view of the & in light of the documents as enclosed inthe attached files.
Please save our Life by Reinforcing our Right to Live Hood AS Violated by A model Employer ,GOVERNMENT OF INDIA--DHI
With regards.
Apurba Saha Hazra- General Secretary- TCIL Joint Action Committee, Under NCOA
Sr Officer - Technical,TCIL,Kolkata
N.B - All the Honorable Recipients are Once again requested to make your valued execution to get rid us of An Adminstrative Calamity in GOI following a total failure Bereaucratic Execution towards in the Perspective of Disinvestment Of TCIL in accordance with TCIL Disinvestment Act 2007 BY Present GOI at The
