“ SAVE TCIL FOR THE INTEREST OF THE NATION ``
TYRE CORPORATION OF INDIA LTD JOINT ACTION COMMITTEE
( OLD KAPASDANGA KAZIR BAGAN, HOOGHLY - 712103 , WB )
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President : Mr.RadhanathMondal
Vice President : Mahabub Ali & Haran Ghosh
Joint Secretry: R. L.Datta&Narendra Singh
OrganisingSecretry :Mr. Subhasish Banerjee & Mr. AmitMandal
Treasurer :Mr D. Pal
General Secretry :ApurbaSahaHazra
Chief Patron:Baby Thomas,Secretary General-NCOA |
To Dated-12/08/2015 The Cabinet Committee On Economic Affairs,GOI Sub: Liquidation of Tyre Corporation of India Ltd.(A CPSU,under DHI,GOI) instead of Disinvestment due to abuse of Public Exchequre of Rs 33 Crores by the Management Of TCIL & DHI Authorities during The Period 2010 March to 2012 October leaving the employees thrown in the street Without Payment for the last 34months,since NOV 2012. Dear sir, (Kind Attention To Mr Narendra Modi,Honorable PM,GOI ) 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 a tragedy that despite the government of India waved 840 cores to TCIL towards the smooth execution of disinvestment of TCIL whose valuation was evaluated by SBI capital market in February 2012 was around Rs. 200 crores , is going to be liquidated only for the non-payment of Rs.5.7 crores to the unsecured creditors though it it was sanctioned by BIFR &CCEA as incorporated in the DRS of TCIL released by BIFR as on 3.03.2010.But it is most surprising that despite having 32 crores as shown in the balance sheet as on 31.03.2010.The management of TCIL neither had paid to the creditors nor cleared the the 97 pay scale of TCIL employees having administrative approval for 97 pay scale . And we the poor employees who are the victim of the corrupt Practices of the previous Management of TCIL.BOARD and others associated with TCIL since 2010 March who drained out all the above said 32 crores,Violating the guide lines ofCCEA resulting to liquidation of TCIL,that pushed the employees of TCIL and their family members to abject poverty and unabated mental agony, only because the corrupt management(during the period march 2010 to Oct 2012) severely abused the hard Coins of TCIL purportedly for commercially non viable production programme.And It is pertinent to mention that the DHI (GOI) released Rs 10.03 crores in October2012( previously seized by DHI in 2011,saved by our Previous Director-Finance,Mr G.K Ghuliani in fixed Deposite) exclusively for employe However in reality the DHI/GOI has not only failed to execute The TCIL Disinvestment Act 2007 but also dragged TCIL to Liquidation & 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). And is also significant that the DHI-GOI had not yet challenged the very order of Dismissal of Cal-High Court dt 7/8/2014 in the SCI to honour the TCIL Disinvestment Act 2007& to Protect the Employees- the reason can be best explained by DHI Authority. In the mean time Honorable Calcutta High Court Has passed its valued order dt 29/03/2016 ,in favor of the poor employees of TCIL which 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
India, in favour of the company (now in liquidation) to the Official Liquidator strictly under the terms and conditions as stipulated in the decision taken by the Cabinet Committee on Economic Affairs (CCEA) on 24th November, 2013. Such disbursement shall be made by the concerned authority within a period of four weeks from date in terms of this order. Once the Official Liquidator receives the said amount, it shall disburse the outstanding dues of the employees of the company (now in liquidation) in accordance with law. It is made clear that once the assets of the company are finally disposed of, the Official Liquidator shall ensure repayment of the said amount of Rs.1.065 crores to the concerned authority of the Central Government from its sale proceeds. This application, being CA No.593 of 2015, is accordingly disposed of.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, upon compliance of all requisite formalities.
(BISWANATH SOMADDER, J.)
B.Pal/sp And the honorable ,The Greatest Human Rights Organisation of our Largest Democratic Country has also favored the Poor 41 months unpaid Payroll Employees of a CPSU,namely TCIL on 28/0//2016 through its valued Proceedings which is as follows :- 2/4/2016 nhrc.nic.in/display.asp
Apropos to above situation your good self is requested to take an appropriate actions(1) to save TCIL for the interest of the nation to create a very positive scope of employment @ 1000 mandays / day towards production of 35000 Tyres /month under the existing present Production Infrastructure of TCIL Kankinara Plant. In West Bengal which is Industrially Backward in comparison to other States in India,(2) Immediately release the 34 months Salary to the Pay Roll employees along with the sanction of VRS/VSS in line with your valued sanction For Hindustan Photo Flims & Hindustan Cables Ltd. Please look into the matter very seriously for the sake of employees as well as economic development of Bengal in line with the Vision- Make In India. Thanking you.
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Address for Correspondence ApurbaSahaHazra ,General Secretary, TCIL Joint Action Committee . Old KapasDangaKazirBAgan, Hooghly – 712103. E-mail – asahahazra@gmail.com, Mob - 9163438220 |
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