THE HOLEHEARTED SUPPORT OF GOI TO SHRI SHRI RAVISANKAR FOR HIS ( ART OF LIVING )SO CALLED INDIAN CULTURAL CONFERENCE ON THE BANK OF YAMUNA IN NEWDELHI , HAS REVEALED THE PERFECT ART OF GOOD GOVERNANCE AT THE CENTRE.
The way of managing the very Plan to organize the Conference-Art of Living, by shri shri Ravisankar at New Delhi & the very case raised in the Parliament 9/03/2016 and subsequent discussion on violation of Environmental norms as well as deployment of GOI paid defense personnel’s to construct the bridge on Yamuna for the purpose as well as to make the conference successful .And the peoples of India is aware of the fact that revealed that this very Peoples Government at the centre who promised to remove the poverty in India, unemployment problem in India, share of black money as will be handed over to every citizen@ 15lakhs, had done hardly anything of their own for the poor peoples of INDIA. Yes in turn they have snatched our right to Daal –Roti following they have hiked the price @100% resulting to unabated sufferings to the poor peoples, making well benefitted to the unholy businessmen- industrialist only. And the very peoples image of the so called Suit –Booted Government which purportedly supported the Show-Art of Living at New Delhi hole heartedly just to satisfy a very different affluent classes of India & abroad ignoring the environmental norms leading to a case as registered with National Green Tribunal. And our GOI- Representatives in the PARLIAMENT had not only supported the show but also very keenly protected the Show as scheduled by averting the discussion on the issue in the parliament shouldering on the Green Bench lest the very Show is not affected with any Parliamentary Resolution.
And it has now become a common shrewd practice of GOI to avoid opposition members or others for discussing on any so called issues in the Pretext of Subjudice ( shouldering on the Judiciary ). But peoples of India are remained confused whether the GOI is very lawful or avoiding the Parliamentary discussion lest the purported unholy truth( behind the Curtain ) that is detrimental to the interest of our society is revealed in the Parliament ( ie to the common Public). For example employees of Tyre Corporation of India ltd ( A Government of India Enterprise), 100% owned By GOI – are not getting their salaries for the last 42 months since November 2012 & around 600 family members are starving for months after months, The poor employees made several communication to PM/FM/HM /LM /HRDM/-PI but they are still unpaid, without food & shelter, dying prematurely only because of Good governance at the Centre. And you will find The Very Art of Good Governance in the documents as furnished below- :
1)
GOVERNMENT OF INDIA |
MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES |
RAJYA SABHA |
QUESTION NO 390 |
ANSWERED ON 23.07.2015 |
Employees working in PSUs in West Bengal |
|||
390 |
Shri Vivek Gupta |
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Will the Minister of HEAVY INDUSTRIES AND PUBLIC ENTERPRISES be pleased to satate :- |
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(a) the number of PSUs in West Bengal and the number of |
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ANSWER |
|||
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|
||
THE MINISTER OF STATE FOR HEAVY INDUSTRIES AND PUBLIC ENTERPRISES |
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Click here to Reply or Forward |
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2) D.O. No.5(10)j2015-PIE-VI _
-MInister of r3Pl-
Heavy Industries & Public Enterprises
Government of India
~ JRIit
aRa 11. 1fta
ANANT G. GEETE NOV 2 15
Dear Shri Tapan Ji,
Please refer to your DO letter dated 7th September, 2015 in response to our
D.O. letter dated 3rd September, 2015 on non-payment of the employees of the
Tyre Corporation of India Limited (TCIL),Kolkata for almost 24 months.
2. The matter has been examined. As you are aware, Calcutta High Court
vide its judgement dated 29.11.2013 ordered for winding up of the company and
appointed an Official Liquidator to take possession of all the assets and properties
of the company now in liquidation and take charge of its books, records,
documents and transactions. The Government filed an appeal in Calcutta Court
for stay on the judgement dated 29.11.2013. The application was dismissed vide
Court order dated 07.8.2014.
3. In pursuance of Kolkata High Court' order dated 29.11.2013, the Official
Liquidator has sealed the company and taken charge of all its books, records,
documents and transactions. All the liabilities of the company including salary,
wages and statutory dues of the employees is to be settled by the Official
Liquidator from the sale proceeds of the assets of the company in accordance with
the Companies Act. In view of the above, the dues of the employees including
salary and wages are to be claimed from the Official Liquidator as per law.
4. I hope you would appreciate the situation.
With regards,
Yours sincerely,
(Anant G. Geete)
Shri Tapan SEm,
Member of Parliament (Rajya Sabha),
13-1, Rouse Avenue,
NewDelhi-110002.
Office: Room No. 176, 'E'Wing, 1st Floor, Odyog Shawan, New Delhi-110 011, Tel.: 91-11-23061339 _
Delhi ResL: 10, Raisina Road, New Delhi-110001, Tel.: 91-11-23736393,23737810
MIIITlh::ai R_- . 501 Sanskruti Co 0 oHsin(] Soc.iAhl Qar: Road VilA l:2arleLEast} Mumbai-4000!i7
The above documents that the Employer which drastically dragged TCIL into Liquidation instead of Disinvestment following TCIL Disinvestment bill 2007 ( Passed by the Parliament in 2007 December) is unable to do any thing for the employees- they will be treated as per law.
And now you will find the following orders of Calcutta High Court & NHRC which advised GOI to make the payments to the employees: -
1) OD- 7
CA No. 593 of 2015
CP No. 84 of 2013
IN THE HIGH COURT AT CALCUTTA
ORIGINAL JURISDICTION
IN THE MATTER OF : TYRE CORPORATION OF INDIA LTD.
-ANDMR.
DIPAK SHAH
-ANDRABINDRA
LAL DATTA & ORS
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 23rd September, 2015.
Appearance:
Mr. Asish Roy, Adv.
Mr. Rajsekhar Basu, Adv.
Ms. Swapna Choubey, Adv.
Mr. Kaushik Chandra, Adv.
Mr. Kumar Jyoti Tewari, Adv.
The Court : The company was controlled by the Central Government
upon the assets and properties of a privately controlled company being
taken over pursuant to a Nationalisation Act of the year 1984 or
thereabouts.
The company had two principal units: at Kankinara in North 24-
Paraganas and at Tangra, Kolkata. In or about 1989, a reference was
made under the Sick Industrial Companies (Special Provisions) Act, 1985
2
to the Board for Industrial and Financial Reconstruction (BIFR) and in
course of such reference, the BIFR approved the sale of all the land of the
company pertaining to its Tangra unit. The BIFR thought that such step
was necessary to save the Kankinara unit.
The company has been wound up by an order of November 29, 2013.
The Official Liquidator has taken possession of the Kankinara unit, but has
not yet invited offers therefor. The company also has an office in
Dariagaunj, Delhi in respect whereof a disclaimer application has been
filed.
The present application is by the erstwhile employees of the company
in liquidation, who claim that the Central Government had sanctioned
money for disbursement to the employees and for payment to the creditors
of the company in liquidation, but since the company went into liquidation,
the payments had been put on hold. The employees say that an appeal
preferred by the company against the order of winding-up has been
dismissed.
Since the Union of India is represented, it should indicate how it
proposes to pay off the erstwhile employees of the company in liquidation
and its other creditors. Though the erstwhile officers of a company may
not be responsible to pay off the creditors of the company once the
company goes into liquidation, the same may not hold good for the State if
it was the State which controlled the company prior to its liquidation.
3
Let the matter appear on November 26, 2015 for the Union of India
to indicate its stand by way of an affidavit to be filed by a responsible
official in the concerned ministry.
It is also noticed that no statements of affairs have been filed by the
erstwhile directors of the company in liquidation, though the government
directors on the board of a government controlled company that has gone
into liquidation do not enjoy any immunity in such regard.
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.)
kc.
2) 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.
-Versus-
MR. DIPAK SAHA
-ANDRABINDRA
LAL DATTA & ORS.
CA No.390 of 2015
CP No.84 of 2013
TYRE CORPORATION OF INDIA LTD.
-Versus-
SATISH 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.
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 privately-run 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.)
A/s.
3) 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.)
4) ORDER SHEET
CA No.593 of 2015
With
CP No.84 of 2013
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF :
TYRE CORPORATION OF INDIA LTD.(IN LIQUIDATION)
AND
MR.DIPAK SHAH
AND
PRASUN KR. MONDAL & ORS.
BEFORE:
The Hon'ble JUSTICE BISWANATH SOMADDER
Date : 3rd March, 2016.
Mr.Asish Kr.Roy, Mrs. K. Roy, Mr. R. S.
Basu, Ms.Sonia Sharma, Advocates for the
applicants.
Mr.Ranajit Chowdhary, Advocate for Official
Liquidator.
Mr.K. J. Tewary, Advocate for the Central
Government.
The Court : Since no answer is forthcoming till date from the
Additional Solicitor General with regard to the Court’s query as contained in
the order dated 28th January, 2016, let this matter stand adjourned for a
fortnight, for further consideration.
(BISWANATH SOMADDER, J.)
Pa
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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 non-payment 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 non-implementation 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.
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Note: For further details kindly contact National Human Rights Commission, Manav Adhikar Bhawan Block-C, GPO Complex, INA, New
Delhi - 110023
Tel.No. 24651330 Fax No. 24651329 E-Mail: covdnhrc[at]nic[dot]in, ionhrc[at]nic[dot]in
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दली - 110023,
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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 _कािशत सूचना म_, अनजाने म_ हुई कसी भी गलती के िलए न तो एन.एच.आर.सी. न ह एन.आई.सी. ज_मेदार
1
THE TYRE CORPORATION OF INDIA LIMITED (DISINVESTMENT
OF OWNERSHIP) BILL, 2007
A
BILL
to provide for disinvestment of Government's equity in the Tyre Corporation of India
Limited and for matters connected therewith or incidental thereto.
WHEREAS the Inchek Tyres Limited and the National Rubber Manufacturers Limited,
engaged in the manufacture, production and distribution of articles mentioned in the First
Schedule to the Industries (Development and Regulation) Act, 1951, namely, tyres, tubes
and other rubber goods, were nationalised under the Inchek Tyres Limited and National
Rubber Manufacturers Limited (Nationalisation) Act, 1984 and transferred to, and vested in,
the Tyre Corporation of India Limited, Calcutta from the 5th day of March, 1984;
AND WHEREAS for the purpose of securing optimum utilisation of the available facilities
for the manufacture, production and distribution of tyres, tubes and other rubber goods,
investment of large amount is necessary;
AND WHEREAS it is expedient to disinvest the Government's equity in the Tyre
Corporation of India Limited, Kolkata to enable the private sector to have investment made
to ensure that the interest of general public are served by the continuance of the manufacture,
production and distribution of the aforesaid articles which are essential to the needs of the
economy of the country;
BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:—
1. This Act may be called the Tyre Corporation of India Limited (Disinvestment of
Owenership) Act, 2007.
Short title.
BILL NO 57 OF 2007
AS INTRODUCED IN LOK SABHA
5
10
15
2
2. Where the Central Government, on the recommendations of the Board for
Reconstruction of Public Sector Enterprises, is of the opinion that disinvestment is to be
made in the Tyre Corporation of India Limited (hereinafter referred to as the company), it may
pass an order providing for transfer, exchange or relinquishment of shares in the company to
any person on such terms and conditions as may be agreed upon.
3. (1) For the transfer to, and vesting in, any person, the shares of the company, there
shall be given to the Central Government by such person or in case such person is a company,
by such company, such consideration, having regard to the book value of assets and liabilities
of the company as may be agreed upon by the Central Government and such person or the
company, as the case may be.
(2) The manner of payment of consideration for transfer of shares of the company to
the transferee shall be such as may be agreed upon between the transferor, the company and
the transferee, the person or the company, as the case may be.
4. The Central Government may, in its order made under section 2, specify that
disinvestment of shares shall be effected by one or more of the following methods as may be
specified in such order, namely:—
(a) by making a public offer or preferential allotment or private placement in
accordance with such procedure as applicable in case of any other Government
company;
(b) by directing the company to make further issue of equity capital to the
members of the public or preferential allotment or private placement, as the case may
be, in accordance with such procedure as applicable in case of the Government company.
5. (1) Every officer or other employee of the company, except the Chairman and
Directors, serving in its employment immediately before the disinvestment of the company
under this Act, shall continue in office or service after such disinvestment, on the same terms
and conditions as if the disinvestment of the company had not been made and shall continue
to do so until the expiry of the period of one year from the date of such disinvestment.
(2)Where an officer or other employee of the company opts under sub-section (1) not
to be in the employment or service of the company, such officer or other employee shall be
deemed to have resigned.
Disinvestment
in the
company.
Provision in
respect of
officers and
other
employees of
the company.
Manner of
disinvestment.
Payment of
consideration
for
disinvestment
in the
company.
5
10
15
20
25
30
STATEMENT OF OBJECTS AND REASONS
The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation)
Act, 1984 was enacted to provide for the acquisition and transfer of the undertakings of the
Inchek Tyres Limited and the National Rubber Manufacturers Limited, with a view to securing
the proper management of such undertakings so as to subserve the interests of the general
public by ensuring the continued manufacture, producion and distribution of tyres, tubes
and other rubber goods which are essential to the needs of the economy of the country and
for matters connected therewith or incidental thereto. The Central Government had transferred
and vested these undertakings in the Tyre Corporation of India Limited, Calcutta on the
5th day of March, 1984.
2. The Tyre Corporation of India Limited, being a public sector enterprise under the
administrative control of the Ministry of Heavy Industries and Public Enterprises (Department
of Heavy Industry), has become a sick industrial company as defined in the Sick Industrial
Companies (Special Provisions) Act, 1985 and a reference in respect of which has been made
to the Board for Industrial and Financial Reconstruction (BIFR) in May, 1992. The Tyre
Corporation of India Limited closed the unviable Tangra unit in August, 2001 and sold the
assets as per the directions of BIFR. The Board for Reconstruction of Public Sector Enterprises
has recommended for financial and capital restructuring of the Tyre Corporation of India
Limited and for looking for a strategic partner who would bring in new technology and
further improve the profitability and market share of the company.
3. Since the approval of Parliament is necessary for changing the public character of
the company as it was held by the Supreme Court in the Centre for Public Interest Litigation
Vs. Union of India (2003) 7 SCC 532, the Tyre Corporation of India Limited (Disinvestment of
Ownership) Bill, 2007 seeks to empower the Central Government to carry out disinvestment.
4. The Bill seeks to achieve the above objectives.
SONTOSH MOHAN DEV.
NEW DELHI;
The 14th May, 2007.
3
LOK SABHA
————
A
BILL
to provide for disinvestment of Government's equity in the Tyre Corporation of India Limited
and for matters connected therewith or incidental thereto.
————
(Shri Sontosh Mohan Dev, Minister of Heavy Industries and Public Enterprises)
MGIPMRND—2357LS(S-5)—16-05-2007.
Apropos to above situation we do hereby requesting all the lawful citizens (including all the Electronic & Print medias – Social Medias )to stand by the poor law abiding citizen employees& their unfortunate family members, victim of inhumane industrial policy of Goi-DHI as adopted in the perspective of TCIL & please raise your voice to restore their Right tO Livehood, by compelling the GOI-DHI to follow the orders of NHRC& Calcutta HIGH Court in the same The GOI followed National Green Tribunal on 9/03/2016 in The Parliament to avert the discussion on Sri Sri Ravisankars Conference on the bank of Yamuna violating Environmental Norms.
Please do help us for the sake of Humanity---------.
A
A
THE HOLEHEARTED SUPPORT OF GOI TO SHRI SHRI RAVISANKAR FOR HIS ( ART OF LIVING )SO CALLED INDIAN CULTURAL CONFERENCE ON THE BANK OF YAMUNA IN NEWDELHI , HAS REVEALED THE PERFECT ART OF GOOD GOVERNANCE AT THE CENTRE.
The way of managing the very Plan to organize the Conference-Art of Living, by shri shri Ravisankar at New Delhi & the very case raised in the Parliament 9/03/2016 and subsequent discussion on violation of Environmental norms as well as deployment of GOI paid defense personnel’s to construct the bridge on Yamuna for the purpose as well as to make the conference successful .And the peoples of India is aware of the fact that revealed that this very Peoples Government at the centre who promised to remove the poverty in India, unemployment problem in India, share of black money as will be handed over to every citizen@ 15lakhs, had done hardly anything of their own for the poor peoples of INDIA. Yes in turn they have snatched our right to Daal –Roti following they have hiked the price @100% resulting to unabated sufferings to the poor peoples, making well benefitted to the unholy businessmen- industrialist only. And the very peoples image of the so called Suit –Booted Government which purportedly supported the Show-Art of Living at New Delhi hole heartedly just to satisfy a very different affluent classes of India & abroad ignoring the environmental norms leading to a case as registered with National Green Tribunal. And our GOI- Representatives in the PARLIAMENT had not only supported the show but also very keenly protected the Show as scheduled by averting the discussion on the issue in the parliament shouldering on the Green Bench lest the very Show is not affected with any Parliamentary Resolution.
And it has now become a common shrewd practice of GOI to avoid opposition members or others for discussing on any so called issues in the Pretext of Subjudice ( shouldering on the Judiciary ). But peoples of India are remained confused whether the GOI is very lawful or avoiding the Parliamentary discussion lest the purported unholy truth( behind the Curtain ) that is detrimental to the interest of our society is revealed in the Parliament ( ie to the common Public). For example employees of Tyre Corporation of India ltd ( A Government of India Enterprise), 100% owned By GOI – are not getting their salaries for the last 42 months since November 2012 & around 600 family members are starving for months after months, The poor employees made several communication to PM/FM/HM /LM /HRDM/-PI but they are still unpaid, without food & shelter, dying prematurely only because of Good governance at the Centre. And you will find The Very Art of Good Governance in the documents as furnished below- :
1)
GOVERNMENT OF INDIA |
MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES |
RAJYA SABHA |
QUESTION NO 390 |
ANSWERED ON 23.07.2015 |
Employees working in PSUs in West Bengal |
|||
390 |
Shri Vivek Gupta |
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Will the Minister of HEAVY INDUSTRIES AND PUBLIC ENTERPRISES be pleased to satate :- |
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(a) the number of PSUs in West Bengal and the number of |
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ANSWER |
|||
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|
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THE MINISTER OF STATE FOR HEAVY INDUSTRIES AND PUBLIC ENTERPRISES |
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Click here to Reply or Forward |
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2) D.O. No.5(10)j2015-PIE-VI _
-MInister of r3Pl-
Heavy Industries & Public Enterprises
Government of India
~ JRIit
aRa 11. 1fta
ANANT G. GEETE NOV 2 15
Dear Shri Tapan Ji,
Please refer to your DO letter dated 7th September, 2015 in response to our
D.O. letter dated 3rd September, 2015 on non-payment of the employees of the
Tyre Corporation of India Limited (TCIL),Kolkata for almost 24 months.
2. The matter has been examined. As you are aware, Calcutta High Court
vide its judgement dated 29.11.2013 ordered for winding up of the company and
appointed an Official Liquidator to take possession of all the assets and properties
of the company now in liquidation and take charge of its books, records,
documents and transactions. The Government filed an appeal in Calcutta Court
for stay on the judgement dated 29.11.2013. The application was dismissed vide
Court order dated 07.8.2014.
3. In pursuance of Kolkata High Court' order dated 29.11.2013, the Official
Liquidator has sealed the company and taken charge of all its books, records,
documents and transactions. All the liabilities of the company including salary,
wages and statutory dues of the employees is to be settled by the Official
Liquidator from the sale proceeds of the assets of the company in accordance with
the Companies Act. In view of the above, the dues of the employees including
salary and wages are to be claimed from the Official Liquidator as per law.
4. I hope you would appreciate the situation.
With regards,
Yours sincerely,
(Anant G. Geete)
Shri Tapan SEm,
Member of Parliament (Rajya Sabha),
13-1, Rouse Avenue,
NewDelhi-110002.
Office: Room No. 176, 'E'Wing, 1st Floor, Odyog Shawan, New Delhi-110 011, Tel.: 91-11-23061339 _
Delhi ResL: 10, Raisina Road, New Delhi-110001, Tel.: 91-11-23736393,23737810
MIIITlh::ai R_- . 501 Sanskruti Co 0 oHsin(] Soc.iAhl Qar: Road VilA l:2arleLEast} Mumbai-4000!i7
The above documents that the Employer which drastically dragged TCIL into Liquidation instead of Disinvestment following TCIL Disinvestment bill 2007 ( Passed by the Parliament in 2007 December) is unable to do any thing for the employees- they will be treated as per law.
And now you will find the following orders of Calcutta High Court & NHRC which advised GOI to make the payments to the employees: -
1) OD- 7
CA No. 593 of 2015
CP No. 84 of 2013
IN THE HIGH COURT AT CALCUTTA
ORIGINAL JURISDICTION
IN THE MATTER OF : TYRE CORPORATION OF INDIA LTD.
-ANDMR.
DIPAK SHAH
-ANDRABINDRA
LAL DATTA & ORS
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 23rd September, 2015.
Appearance:
Mr. Asish Roy, Adv.
Mr. Rajsekhar Basu, Adv.
Ms. Swapna Choubey, Adv.
Mr. Kaushik Chandra, Adv.
Mr. Kumar Jyoti Tewari, Adv.
The Court : The company was controlled by the Central Government
upon the assets and properties of a privately controlled company being
taken over pursuant to a Nationalisation Act of the year 1984 or
thereabouts.
The company had two principal units: at Kankinara in North 24-
Paraganas and at Tangra, Kolkata. In or about 1989, a reference was
made under the Sick Industrial Companies (Special Provisions) Act, 1985
2
to the Board for Industrial and Financial Reconstruction (BIFR) and in
course of such reference, the BIFR approved the sale of all the land of the
company pertaining to its Tangra unit. The BIFR thought that such step
was necessary to save the Kankinara unit.
The company has been wound up by an order of November 29, 2013.
The Official Liquidator has taken possession of the Kankinara unit, but has
not yet invited offers therefor. The company also has an office in
Dariagaunj, Delhi in respect whereof a disclaimer application has been
filed.
The present application is by the erstwhile employees of the company
in liquidation, who claim that the Central Government had sanctioned
money for disbursement to the employees and for payment to the creditors
of the company in liquidation, but since the company went into liquidation,
the payments had been put on hold. The employees say that an appeal
preferred by the company against the order of winding-up has been
dismissed.
Since the Union of India is represented, it should indicate how it
proposes to pay off the erstwhile employees of the company in liquidation
and its other creditors. Though the erstwhile officers of a company may
not be responsible to pay off the creditors of the company once the
company goes into liquidation, the same may not hold good for the State if
it was the State which controlled the company prior to its liquidation.
3
Let the matter appear on November 26, 2015 for the Union of India
to indicate its stand by way of an affidavit to be filed by a responsible
official in the concerned ministry.
It is also noticed that no statements of affairs have been filed by the
erstwhile directors of the company in liquidation, though the government
directors on the board of a government controlled company that has gone
into liquidation do not enjoy any immunity in such regard.
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.)
kc.
2) 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.
-Versus-
MR. DIPAK SAHA
-ANDRABINDRA
LAL DATTA & ORS.
CA No.390 of 2015
CP No.84 of 2013
TYRE CORPORATION OF INDIA LTD.
-Versus-
SATISH 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.
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 privately-run 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.)
A/s.
3) 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.)
4) ORDER SHEET
CA No.593 of 2015
With
CP No.84 of 2013
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF :
TYRE CORPORATION OF INDIA LTD.(IN LIQUIDATION)
AND
MR.DIPAK SHAH
AND
PRASUN KR. MONDAL & ORS.
BEFORE:
The Hon'ble JUSTICE BISWANATH SOMADDER
Date : 3rd March, 2016.
Mr.Asish Kr.Roy, Mrs. K. Roy, Mr. R. S.
Basu, Ms.Sonia Sharma, Advocates for the
applicants.
Mr.Ranajit Chowdhary, Advocate for Official
Liquidator.
Mr.K. J. Tewary, Advocate for the Central
Government.
The Court : Since no answer is forthcoming till date from the
Additional Solicitor General with regard to the Court’s query as contained in
the order dated 28th January, 2016, let this matter stand adjourned for a
fortnight, for further consideration.
(BISWANATH SOMADDER, J.)
Pa
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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 non-payment 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 non-implementation 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.
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Note: For further details kindly contact National Human Rights Commission, Manav Adhikar Bhawan Block-C, GPO Complex, INA, New
Delhi - 110023
Tel.No. 24651330 Fax No. 24651329 E-Mail: covdnhrc[at]nic[dot]in, ionhrc[at]nic[dot]in
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दली - 110023,
फोन नं. 24651330 फै_स नं. 24651329 ई-मेल : 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 _कािशत सूचना म_, अनजाने म_ हुई कसी भी गलती के िलए न तो एन.एच.आर.सी. न ह एन.आई.सी. ज_मेदार
1
THE TYRE CORPORATION OF INDIA LIMITED (DISINVESTMENT
OF OWNERSHIP) BILL, 2007
A
BILL
to provide for disinvestment of Government's equity in the Tyre Corporation of India
Limited and for matters connected therewith or incidental thereto.
WHEREAS the Inchek Tyres Limited and the National Rubber Manufacturers Limited,
engaged in the manufacture, production and distribution of articles mentioned in the First
Schedule to the Industries (Development and Regulation) Act, 1951, namely, tyres, tubes
and other rubber goods, were nationalised under the Inchek Tyres Limited and National
Rubber Manufacturers Limited (Nationalisation) Act, 1984 and transferred to, and vested in,
the Tyre Corporation of India Limited, Calcutta from the 5th day of March, 1984;
AND WHEREAS for the purpose of securing optimum utilisation of the available facilities
for the manufacture, production and distribution of tyres, tubes and other rubber goods,
investment of large amount is necessary;
AND WHEREAS it is expedient to disinvest the Government's equity in the Tyre
Corporation of India Limited, Kolkata to enable the private sector to have investment made
to ensure that the interest of general public are served by the continuance of the manufacture,
production and distribution of the aforesaid articles which are essential to the needs of the
economy of the country;
BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:—
1. This Act may be called the Tyre Corporation of India Limited (Disinvestment of
Owenership) Act, 2007.
Short title.
BILL NO 57 OF 2007
AS INTRODUCED IN LOK SABHA
5
10
15
2
2. Where the Central Government, on the recommendations of the Board for
Reconstruction of Public Sector Enterprises, is of the opinion that disinvestment is to be
made in the Tyre Corporation of India Limited (hereinafter referred to as the company), it may
pass an order providing for transfer, exchange or relinquishment of shares in the company to
any person on such terms and conditions as may be agreed upon.
3. (1) For the transfer to, and vesting in, any person, the shares of the company, there
shall be given to the Central Government by such person or in case such person is a company,
by such company, such consideration, having regard to the book value of assets and liabilities
of the company as may be agreed upon by the Central Government and such person or the
company, as the case may be.
(2) The manner of payment of consideration for transfer of shares of the company to
the transferee shall be such as may be agreed upon between the transferor, the company and
the transferee, the person or the company, as the case may be.
4. The Central Government may, in its order made under section 2, specify that
disinvestment of shares shall be effected by one or more of the following methods as may be
specified in such order, namely:—
(a) by making a public offer or preferential allotment or private placement in
accordance with such procedure as applicable in case of any other Government
company;
(b) by directing the company to make further issue of equity capital to the
members of the public or preferential allotment or private placement, as the case may
be, in accordance with such procedure as applicable in case of the Government company.
5. (1) Every officer or other employee of the company, except the Chairman and
Directors, serving in its employment immediately before the disinvestment of the company
under this Act, shall continue in office or service after such disinvestment, on the same terms
and conditions as if the disinvestment of the company had not been made and shall continue
to do so until the expiry of the period of one year from the date of such disinvestment.
(2)Where an officer or other employee of the company opts under sub-section (1) not
to be in the employment or service of the company, such officer or other employee shall be
deemed to have resigned.
Disinvestment
in the
company.
Provision in
respect of
officers and
other
employees of
the company.
Manner of
disinvestment.
Payment of
consideration
for
disinvestment
in the
company.
5
10
15
20
25
30
STATEMENT OF OBJECTS AND REASONS
The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation)
Act, 1984 was enacted to provide for the acquisition and transfer of the undertakings of the
Inchek Tyres Limited and the National Rubber Manufacturers Limited, with a view to securing
the proper management of such undertakings so as to subserve the interests of the general
public by ensuring the continued manufacture, producion and distribution of tyres, tubes
and other rubber goods which are essential to the needs of the economy of the country and
for matters connected therewith or incidental thereto. The Central Government had transferred
and vested these undertakings in the Tyre Corporation of India Limited, Calcutta on the
5th day of March, 1984.
2. The Tyre Corporation of India Limited, being a public sector enterprise under the
administrative control of the Ministry of Heavy Industries and Public Enterprises (Department
of Heavy Industry), has become a sick industrial company as defined in the Sick Industrial
Companies (Special Provisions) Act, 1985 and a reference in respect of which has been made
to the Board for Industrial and Financial Reconstruction (BIFR) in May, 1992. The Tyre
Corporation of India Limited closed the unviable Tangra unit in August, 2001 and sold the
assets as per the directions of BIFR. The Board for Reconstruction of Public Sector Enterprises
has recommended for financial and capital restructuring of the Tyre Corporation of India
Limited and for looking for a strategic partner who would bring in new technology and
further improve the profitability and market share of the company.
3. Since the approval of Parliament is necessary for changing the public character of
the company as it was held by the Supreme Court in the Centre for Public Interest Litigation
Vs. Union of India (2003) 7 SCC 532, the Tyre Corporation of India Limited (Disinvestment of
Ownership) Bill, 2007 seeks to empower the Central Government to carry out disinvestment.
4. The Bill seeks to achieve the above objectives.
SONTOSH MOHAN DEV.
NEW DELHI;
The 14th May, 2007.
3
LOK SABHA
————
A
BILL
to provide for disinvestment of Government's equity in the Tyre Corporation of India Limited
and for matters connected therewith or incidental thereto.
————
(Shri Sontosh Mohan Dev, Minister of Heavy Industries and Public Enterprises)
MGIPMRND—2357LS(S-5)—16-05-2007.
Apropos to above situation we do hereby requesting all the lawful citizens (including all the Electronic & Print medias – Social Medias )to stand by the poor law abiding citizen employees& their unfortunate family members, victim of inhumane industrial policy of Goi-DHI as adopted in the perspective of TCIL & please raise your voice to restore their Right tO Livehood, by compelling the GOI-DHI to follow the orders of NHRC& Calcutta HIGH Court in the same The GOI followed National Green Tribunal on 9/03/2016 in The Parliament to avert the discussion on Sri Sri Ravisankars Conference on the bank of Yamuna violating Environmental Norms.
Please do help us for the sake of Humanity---------.
A
A
THE HOLEHEARTED SUPPORT OF GOI TO SHRI SHRI RAVISANKAR FOR HIS ( ART OF LIVING )SO CALLED INDIAN CULTURAL CONFERENCE ON THE BANK OF YAMUNA IN NEWDELHI , HAS REVEALED THE PERFECT ART OF GOOD GOVERNANCE AT THE CENTRE.
The way of managing the very Plan to organize the Conference-Art of Living, by shri shri Ravisankar at New Delhi & the very case raised in the Parliament 9/03/2016 and subsequent discussion on violation of Environmental norms as well as deployment of GOI paid defense personnel’s to construct the bridge on Yamuna for the purpose as well as to make the conference successful .And the peoples of India is aware of the fact that revealed that this very Peoples Government at the centre who promised to remove the poverty in India, unemployment problem in India, share of black money as will be handed over to every citizen@ 15lakhs, had done hardly anything of their own for the poor peoples of INDIA. Yes in turn they have snatched our right to Daal –Roti following they have hiked the price @100% resulting to unabated sufferings to the poor peoples, making well benefitted to the unholy businessmen- industrialist only. And the very peoples image of the so called Suit –Booted Government which purportedly supported the Show-Art of Living at New Delhi hole heartedly just to satisfy a very different affluent classes of India & abroad ignoring the environmental norms leading to a case as registered with National Green Tribunal. And our GOI- Representatives in the PARLIAMENT had not only supported the show but also very keenly protected the Show as scheduled by averting the discussion on the issue in the parliament shouldering on the Green Bench lest the very Show is not affected with any Parliamentary Resolution.
And it has now become a common shrewd practice of GOI to avoid opposition members or others for discussing on any so called issues in the Pretext of Subjudice ( shouldering on the Judiciary ). But peoples of India are remained confused whether the GOI is very lawful or avoiding the Parliamentary discussion lest the purported unholy truth( behind the Curtain ) that is detrimental to the interest of our society is revealed in the Parliament ( ie to the common Public). For example employees of Tyre Corporation of India ltd ( A Government of India Enterprise), 100% owned By GOI – are not getting their salaries for the last 42 months since November 2012 & around 600 family members are starving for months after months, The poor employees made several communication to PM/FM/HM /LM /HRDM/-PI but they are still unpaid, without food & shelter, dying prematurely only because of Good governance at the Centre. And you will find The Very Art of Good Governance in the documents as furnished below- :
1)
GOVERNMENT OF INDIA |
MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES |
RAJYA SABHA |
QUESTION NO 390 |
ANSWERED ON 23.07.2015 |
Employees working in PSUs in West Bengal |
|||
390 |
Shri Vivek Gupta |
||
Will the Minister of HEAVY INDUSTRIES AND PUBLIC ENTERPRISES be pleased to satate :- |
|||
(a) the number of PSUs in West Bengal and the number of |
|||
ANSWER |
|||
|
|
||
THE MINISTER OF STATE FOR HEAVY INDUSTRIES AND PUBLIC ENTERPRISES |
|||
|
Click here to Reply or Forward |
|
|
2) D.O. No.5(10)j2015-PIE-VI _
-MInister of r3Pl-
Heavy Industries & Public Enterprises
Government of India
~ JRIit
aRa 11. 1fta
ANANT G. GEETE NOV 2 15
Dear Shri Tapan Ji,
Please refer to your DO letter dated 7th September, 2015 in response to our
D.O. letter dated 3rd September, 2015 on non-payment of the employees of the
Tyre Corporation of India Limited (TCIL),Kolkata for almost 24 months.
2. The matter has been examined. As you are aware, Calcutta High Court
vide its judgement dated 29.11.2013 ordered for winding up of the company and
appointed an Official Liquidator to take possession of all the assets and properties
of the company now in liquidation and take charge of its books, records,
documents and transactions. The Government filed an appeal in Calcutta Court
for stay on the judgement dated 29.11.2013. The application was dismissed vide
Court order dated 07.8.2014.
3. In pursuance of Kolkata High Court' order dated 29.11.2013, the Official
Liquidator has sealed the company and taken charge of all its books, records,
documents and transactions. All the liabilities of the company including salary,
wages and statutory dues of the employees is to be settled by the Official
Liquidator from the sale proceeds of the assets of the company in accordance with
the Companies Act. In view of the above, the dues of the employees including
salary and wages are to be claimed from the Official Liquidator as per law.
4. I hope you would appreciate the situation.
With regards,
Yours sincerely,
(Anant G. Geete)
Shri Tapan SEm,
Member of Parliament (Rajya Sabha),
13-1, Rouse Avenue,
NewDelhi-110002.
Office: Room No. 176, 'E'Wing, 1st Floor, Odyog Shawan, New Delhi-110 011, Tel.: 91-11-23061339 _
Delhi ResL: 10, Raisina Road, New Delhi-110001, Tel.: 91-11-23736393,23737810
MIIITlh::ai R_- . 501 Sanskruti Co 0 oHsin(] Soc.iAhl Qar: Road VilA l:2arleLEast} Mumbai-4000!i7
The above documents that the Employer which drastically dragged TCIL into Liquidation instead of Disinvestment following TCIL Disinvestment bill 2007 ( Passed by the Parliament in 2007 December) is unable to do any thing for the employees- they will be treated as per law.
And now you will find the following orders of Calcutta High Court & NHRC which advised GOI to make the payments to the employees: -
1) OD- 7
CA No. 593 of 2015
CP No. 84 of 2013
IN THE HIGH COURT AT CALCUTTA
ORIGINAL JURISDICTION
IN THE MATTER OF : TYRE CORPORATION OF INDIA LTD.
-ANDMR.
DIPAK SHAH
-ANDRABINDRA
LAL DATTA & ORS
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 23rd September, 2015.
Appearance:
Mr. Asish Roy, Adv.
Mr. Rajsekhar Basu, Adv.
Ms. Swapna Choubey, Adv.
Mr. Kaushik Chandra, Adv.
Mr. Kumar Jyoti Tewari, Adv.
The Court : The company was controlled by the Central Government
upon the assets and properties of a privately controlled company being
taken over pursuant to a Nationalisation Act of the year 1984 or
thereabouts.
The company had two principal units: at Kankinara in North 24-
Paraganas and at Tangra, Kolkata. In or about 1989, a reference was
made under the Sick Industrial Companies (Special Provisions) Act, 1985
2
to the Board for Industrial and Financial Reconstruction (BIFR) and in
course of such reference, the BIFR approved the sale of all the land of the
company pertaining to its Tangra unit. The BIFR thought that such step
was necessary to save the Kankinara unit.
The company has been wound up by an order of November 29, 2013.
The Official Liquidator has taken possession of the Kankinara unit, but has
not yet invited offers therefor. The company also has an office in
Dariagaunj, Delhi in respect whereof a disclaimer application has been
filed.
The present application is by the erstwhile employees of the company
in liquidation, who claim that the Central Government had sanctioned
money for disbursement to the employees and for payment to the creditors
of the company in liquidation, but since the company went into liquidation,
the payments had been put on hold. The employees say that an appeal
preferred by the company against the order of winding-up has been
dismissed.
Since the Union of India is represented, it should indicate how it
proposes to pay off the erstwhile employees of the company in liquidation
and its other creditors. Though the erstwhile officers of a company may
not be responsible to pay off the creditors of the company once the
company goes into liquidation, the same may not hold good for the State if
it was the State which controlled the company prior to its liquidation.
3
Let the matter appear on November 26, 2015 for the Union of India
to indicate its stand by way of an affidavit to be filed by a responsible
official in the concerned ministry.
It is also noticed that no statements of affairs have been filed by the
erstwhile directors of the company in liquidation, though the government
directors on the board of a government controlled company that has gone
into liquidation do not enjoy any immunity in such regard.
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.)
kc.
2) 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.
-Versus-
MR. DIPAK SAHA
-ANDRABINDRA
LAL DATTA & ORS.
CA No.390 of 2015
CP No.84 of 2013
TYRE CORPORATION OF INDIA LTD.
-Versus-
SATISH 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.
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 privately-run 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.)
A/s.
3) 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.)
4) ORDER SHEET
CA No.593 of 2015
With
CP No.84 of 2013
IN THE HIGH COURT AT CALCUTTA
Original Jurisdiction
ORIGINAL SIDE
IN THE MATTER OF :
TYRE CORPORATION OF INDIA LTD.(IN LIQUIDATION)
AND
MR.DIPAK SHAH
AND
PRASUN KR. MONDAL & ORS.
BEFORE:
The Hon'ble JUSTICE BISWANATH SOMADDER
Date : 3rd March, 2016.
Mr.Asish Kr.Roy, Mrs. K. Roy, Mr. R. S.
Basu, Ms.Sonia Sharma, Advocates for the
applicants.
Mr.Ranajit Chowdhary, Advocate for Official
Liquidator.
Mr.K. J. Tewary, Advocate for the Central
Government.
The Court : Since no answer is forthcoming till date from the
Additional Solicitor General with regard to the Court’s query as contained in
the order dated 28th January, 2016, let this matter stand adjourned for a
fortnight, for further consideration.
(BISWANATH SOMADDER, J.)
Pa
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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 non-payment 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 non-implementation 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.
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Note: For further details kindly contact National Human Rights Commission, Manav Adhikar Bhawan Block-C, GPO Complex, INA, New
Delhi - 110023
Tel.No. 24651330 Fax No. 24651329 E-Mail: covdnhrc[at]nic[dot]in, ionhrc[at]nic[dot]in
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दली - 110023,
फोन नं. 24651330 फै_स नं. 24651329 ई-मेल : 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 _कािशत सूचना म_, अनजाने म_ हुई कसी भी गलती के िलए न तो एन.एच.आर.सी. न ह एन.आई.सी. ज_मेदार
1
THE TYRE CORPORATION OF INDIA LIMITED (DISINVESTMENT
OF OWNERSHIP) BILL, 2007
A
BILL
to provide for disinvestment of Government's equity in the Tyre Corporation of India
Limited and for matters connected therewith or incidental thereto.
WHEREAS the Inchek Tyres Limited and the National Rubber Manufacturers Limited,
engaged in the manufacture, production and distribution of articles mentioned in the First
Schedule to the Industries (Development and Regulation) Act, 1951, namely, tyres, tubes
and other rubber goods, were nationalised under the Inchek Tyres Limited and National
Rubber Manufacturers Limited (Nationalisation) Act, 1984 and transferred to, and vested in,
the Tyre Corporation of India Limited, Calcutta from the 5th day of March, 1984;
AND WHEREAS for the purpose of securing optimum utilisation of the available facilities
for the manufacture, production and distribution of tyres, tubes and other rubber goods,
investment of large amount is necessary;
AND WHEREAS it is expedient to disinvest the Government's equity in the Tyre
Corporation of India Limited, Kolkata to enable the private sector to have investment made
to ensure that the interest of general public are served by the continuance of the manufacture,
production and distribution of the aforesaid articles which are essential to the needs of the
economy of the country;
BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:—
1. This Act may be called the Tyre Corporation of India Limited (Disinvestment of
Owenership) Act, 2007.
Short title.
BILL NO 57 OF 2007
AS INTRODUCED IN LOK SABHA
5
10
15
2
2. Where the Central Government, on the recommendations of the Board for
Reconstruction of Public Sector Enterprises, is of the opinion that disinvestment is to be
made in the Tyre Corporation of India Limited (hereinafter referred to as the company), it may
pass an order providing for transfer, exchange or relinquishment of shares in the company to
any person on such terms and conditions as may be agreed upon.
3. (1) For the transfer to, and vesting in, any person, the shares of the company, there
shall be given to the Central Government by such person or in case such person is a company,
by such company, such consideration, having regard to the book value of assets and liabilities
of the company as may be agreed upon by the Central Government and such person or the
company, as the case may be.
(2) The manner of payment of consideration for transfer of shares of the company to
the transferee shall be such as may be agreed upon between the transferor, the company and
the transferee, the person or the company, as the case may be.
4. The Central Government may, in its order made under section 2, specify that
disinvestment of shares shall be effected by one or more of the following methods as may be
specified in such order, namely:—
(a) by making a public offer or preferential allotment or private placement in
accordance with such procedure as applicable in case of any other Government
company;
(b) by directing the company to make further issue of equity capital to the
members of the public or preferential allotment or private placement, as the case may
be, in accordance with such procedure as applicable in case of the Government company.
5. (1) Every officer or other employee of the company, except the Chairman and
Directors, serving in its employment immediately before the disinvestment of the company
under this Act, shall continue in office or service after such disinvestment, on the same terms
and conditions as if the disinvestment of the company had not been made and shall continue
to do so until the expiry of the period of one year from the date of such disinvestment.
(2)Where an officer or other employee of the company opts under sub-section (1) not
to be in the employment or service of the company, such officer or other employee shall be
deemed to have resigned.
Disinvestment
in the
company.
Provision in
respect of
officers and
other
employees of
the company.
Manner of
disinvestment.
Payment of
consideration
for
disinvestment
in the
company.
5
10
15
20
25
30
STATEMENT OF OBJECTS AND REASONS
The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation)
Act, 1984 was enacted to provide for the acquisition and transfer of the undertakings of the
Inchek Tyres Limited and the National Rubber Manufacturers Limited, with a view to securing
the proper management of such undertakings so as to subserve the interests of the general
public by ensuring the continued manufacture, producion and distribution of tyres, tubes
and other rubber goods which are essential to the needs of the economy of the country and
for matters connected therewith or incidental thereto. The Central Government had transferred
and vested these undertakings in the Tyre Corporation of India Limited, Calcutta on the
5th day of March, 1984.
2. The Tyre Corporation of India Limited, being a public sector enterprise under the
administrative control of the Ministry of Heavy Industries and Public Enterprises (Department
of Heavy Industry), has become a sick industrial company as defined in the Sick Industrial
Companies (Special Provisions) Act, 1985 and a reference in respect of which has been made
to the Board for Industrial and Financial Reconstruction (BIFR) in May, 1992. The Tyre
Corporation of India Limited closed the unviable Tangra unit in August, 2001 and sold the
assets as per the directions of BIFR. The Board for Reconstruction of Public Sector Enterprises
has recommended for financial and capital restructuring of the Tyre Corporation of India
Limited and for looking for a strategic partner who would bring in new technology and
further improve the profitability and market share of the company.
3. Since the approval of Parliament is necessary for changing the public character of
the company as it was held by the Supreme Court in the Centre for Public Interest Litigation
Vs. Union of India (2003) 7 SCC 532, the Tyre Corporation of India Limited (Disinvestment of
Ownership) Bill, 2007 seeks to empower the Central Government to carry out disinvestment.
4. The Bill seeks to achieve the above objectives.
SONTOSH MOHAN DEV.
NEW DELHI;
The 14th May, 2007.
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LOK SABHA
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BILL
to provide for disinvestment of Government's equity in the Tyre Corporation of India Limited
and for matters connected therewith or incidental thereto.
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(Shri Sontosh Mohan Dev, Minister of Heavy Industries and Public Enterprises)
MGIPMRND—2357LS(S-5)—16-05-2007.
Apropos to above situation we do hereby requesting all the lawful citizens (including all the Electronic & Print medias – Social Medias )to stand by the poor law abiding citizen employees& their unfortunate family members, victim of inhumane industrial policy of Goi-DHI as adopted in the perspective of TCIL & please raise your voice to restore their Right tO Livehood, by compelling the GOI-DHI to follow the orders of NHRC& Calcutta HIGH Court in the same The GOI followed National Green Tribunal on 9/03/2016 in The Parliament to avert the discussion on Sri Sri Ravisankars Conference on the bank of Yamuna violating Environmental Norms.
Please do help us for the sake of Humanity---------.
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