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Apurba saha Hazra (sr officer -Technical TCIL)     13 March 2016

Holehearted support to art of living- shows the art of good

 

               

 

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
employees working in them;

(b) whether the employees working in the PSUs in West Bengal get their salaries regularly; and

(c) if not, the reasons therefor and by when they will start getting their salaries regularly?

   

ANSWER

 

 

THE MINISTER OF STATE FOR HEAVY INDUSTRIES AND PUBLIC ENTERPRISES
(SHRI G. M. SIDDESHWARA)

(a): As per information available in Public Enterprises Survey 2013-14 laid in Parliament on 26.02.2015, there were 29 Central Public Sector Enterprises (CPSEs) having Registered Offices in West Bengal. As on 31.03.2014, the total number of employees was 108512 in these 29 CPSEs. 

(b) & (c): As per information provided by the concerned administrative Ministries, barring a few CPSEs, employees of the CPSEs in West Bengal are getting their salaries regularly. The employees of 4 CPSEs are not getting salaries regularly, as per details given below:

(i) Hindustan Cables Ltd.: the Government has provided Non-Plan loan to the company for meeting the salary, wages and statutory dues of its employees up to March, 2014. The Cabinet Committee on Economic Affairs has in principle approved the closure of the company by offering attractive Voluntary Retirement Scheme / Voluntary Separation Scheme (VRS/VSS).

(ii) Tyre Corporation of India Ltd.: the employees of the CPSEs have not been paid the salaries from November, 2012 to August, 2013. The Government has approved payment of salaries/wages and statutory dues of the company from November, 2012 to August, 2013. The Calcutta High Court vide judgment dated 29th November, 2013 has passed the order for winding up of the company and appointed an Official Liquidator. 

(iii) BieccoLawrie Ltd.: the officers of the CPSE are not being paid their salaries from May, 2014 and non-officers’ salaries are due from August, 2014. The Company has been running into losses for over 4 years. The company has been registered under BIFR to declare it a sick company. The company does not have enough funds to meet its working capital requirement and to pay its employees. Oil Industry Development Board has sanctioned a loan of Rs.12 crore to BieccoLawrie Ltd. to meet its working capital requirement and to meet statutory liabilities.

(iv) Bisra Stone Lime Company Ltd.: the employees of the CPSE are not getting their salaries from October, 2014 to March, 2015 for stoppage of mining operation due to non- renewal of mining lease. The due salaries will be paid after improvement of financial conditions of the company.

 

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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Skip to Main Content 􀇑ह􀃛द􀈣 म_

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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􀇑द􀃣ली - 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
employees working in them;

(b) whether the employees working in the PSUs in West Bengal get their salaries regularly; and

(c) if not, the reasons therefor and by when they will start getting their salaries regularly?

   

ANSWER

 

 

THE MINISTER OF STATE FOR HEAVY INDUSTRIES AND PUBLIC ENTERPRISES
(SHRI G. M. SIDDESHWARA)

(a): As per information available in Public Enterprises Survey 2013-14 laid in Parliament on 26.02.2015, there were 29 Central Public Sector Enterprises (CPSEs) having Registered Offices in West Bengal. As on 31.03.2014, the total number of employees was 108512 in these 29 CPSEs. 

(b) & (c): As per information provided by the concerned administrative Ministries, barring a few CPSEs, employees of the CPSEs in West Bengal are getting their salaries regularly. The employees of 4 CPSEs are not getting salaries regularly, as per details given below:

(i) Hindustan Cables Ltd.: the Government has provided Non-Plan loan to the company for meeting the salary, wages and statutory dues of its employees up to March, 2014. The Cabinet Committee on Economic Affairs has in principle approved the closure of the company by offering attractive Voluntary Retirement Scheme / Voluntary Separation Scheme (VRS/VSS).

(ii) Tyre Corporation of India Ltd.: the employees of the CPSEs have not been paid the salaries from November, 2012 to August, 2013. The Government has approved payment of salaries/wages and statutory dues of the company from November, 2012 to August, 2013. The Calcutta High Court vide judgment dated 29th November, 2013 has passed the order for winding up of the company and appointed an Official Liquidator. 

(iii) BieccoLawrie Ltd.: the officers of the CPSE are not being paid their salaries from May, 2014 and non-officers’ salaries are due from August, 2014. The Company has been running into losses for over 4 years. The company has been registered under BIFR to declare it a sick company. The company does not have enough funds to meet its working capital requirement and to pay its employees. Oil Industry Development Board has sanctioned a loan of Rs.12 crore to BieccoLawrie Ltd. to meet its working capital requirement and to meet statutory liabilities.

(iv) Bisra Stone Lime Company Ltd.: the employees of the CPSE are not getting their salaries from October, 2014 to March, 2015 for stoppage of mining operation due to non- renewal of mining lease. The due salaries will be paid after improvement of financial conditions of the company.

 

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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Delhi - 110023

Tel.No. 24651330 Fax No. 24651329 E-Mail: covdnhrc[at]nic[dot]in, ionhrc[at]nic[dot]in

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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
employees working in them;

(b) whether the employees working in the PSUs in West Bengal get their salaries regularly; and

(c) if not, the reasons therefor and by when they will start getting their salaries regularly?

   

ANSWER

 

 

THE MINISTER OF STATE FOR HEAVY INDUSTRIES AND PUBLIC ENTERPRISES
(SHRI G. M. SIDDESHWARA)

(a): As per information available in Public Enterprises Survey 2013-14 laid in Parliament on 26.02.2015, there were 29 Central Public Sector Enterprises (CPSEs) having Registered Offices in West Bengal. As on 31.03.2014, the total number of employees was 108512 in these 29 CPSEs. 

(b) & (c): As per information provided by the concerned administrative Ministries, barring a few CPSEs, employees of the CPSEs in West Bengal are getting their salaries regularly. The employees of 4 CPSEs are not getting salaries regularly, as per details given below:

(i) Hindustan Cables Ltd.: the Government has provided Non-Plan loan to the company for meeting the salary, wages and statutory dues of its employees up to March, 2014. The Cabinet Committee on Economic Affairs has in principle approved the closure of the company by offering attractive Voluntary Retirement Scheme / Voluntary Separation Scheme (VRS/VSS).

(ii) Tyre Corporation of India Ltd.: the employees of the CPSEs have not been paid the salaries from November, 2012 to August, 2013. The Government has approved payment of salaries/wages and statutory dues of the company from November, 2012 to August, 2013. The Calcutta High Court vide judgment dated 29th November, 2013 has passed the order for winding up of the company and appointed an Official Liquidator. 

(iii) BieccoLawrie Ltd.: the officers of the CPSE are not being paid their salaries from May, 2014 and non-officers’ salaries are due from August, 2014. The Company has been running into losses for over 4 years. The company has been registered under BIFR to declare it a sick company. The company does not have enough funds to meet its working capital requirement and to pay its employees. Oil Industry Development Board has sanctioned a loan of Rs.12 crore to BieccoLawrie Ltd. to meet its working capital requirement and to meet statutory liabilities.

(iv) Bisra Stone Lime Company Ltd.: the employees of the CPSE are not getting their salaries from October, 2014 to March, 2015 for stoppage of mining operation due to non- renewal of mining lease. The due salaries will be paid after improvement of financial conditions of the company.

 

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

 

5) 2/4/2016 nhrc.nic.in/display.asp

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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.

2/4/2016 nhrc.nic.in/display.asp

https://nhrc.nic.in/display.asp 2/2

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

नोट: अ_य जानकार􀈣 हेतु कृपया संपक􀁛 करे रा_ीय मानव अिधकार आयोग, मानव अिधकार भवन, 􀃞लॉक-सी, जी.पी.ओ. क􀃠􀃜ले_स, आई.एन.ए., नई

􀇑द􀃣ली - 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---------. 

 

 

 

 

 

 

 

 

 

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