NATIONAL HUMAN RIGHTS COMMISSION

(LAW DIVISION)
Tel.No.: 011-2338 5368
Fax.No.: 011-2338 5368
Telegraphic Add: HUMANRIGHTS
Homepage: http://nhrc.nic.in
Case No. 776/25/8/2015
Dated: 1/31/2017

To

THE OFFICIAL LIQUIDATOR OF COMPANIES,

CALCUTTA HIGH COURT, 6TH FLOOR, 9, OLD
POST OFFICE STREET, CALCUTTA 700-001

Sir/Madam,

, I am directed to say that the matter was considered by the Commission on 25/01/2017 and
the Commission has directed as follows:

These proceedings shall be read in continuation of the earlier proceedings of the Commission
dated 25.04.2016. On 25.04.2016, Commission observed and directed thus:- "The Commission
would like to know from the Secretary, Ministry of Heavy Industries, Govt. of India, what action
has been taken by him in compliance of the order of the Hon'ble Calcutta High Court dated
29.03.2016. The Commission would also like to know if all the outstanding dues of the employees
of Tyre Corporation of India Limited (TICL) have been paid. The Commission considers the
necessity to ask this question as the matter pertains to Right to Life and Livelihood of the
employees. Official Liquidator, Calcutta High Court, 6thFloor, 9, Old Post Office Street, Kolkata
- 700 001, be asked to submit compliance of payment of salary to the employees of TCIL within
four weeks". Pursuant to the directions of the Commission Under Secretary to Government of
India, Department of Heavy Industry, Ministry of Heavy Industry and Public Enterprises, New
Delhi submitted a report dated 19.05.2016. The report revealed that pursuant to the orders of the
Calcutta High Court dated 24.03.2016 a letter had been issued on 28.04.2016 to release a non-
plan loan of Rs. 1.06 crores towards statutory dues of permanent employees of the Tyre
Corporation of India Limited, Calcutta (in liquidation) through official liquidator for payment of
salary/wages and statutory dues of the regular employees of TCIL. No report has been received
from the official liquidator of Companies, Calcutta High Court, 6th floor, 9 old post office street,
Calcutta 700001 despite reminder. The complainant vide letter dated 12.08.2016, 28.10.2016 and
02.11.2016 has stated that the permanent employees of the Tyre Corporation of India Limited
have neither been paid their salary for last 47 months nor they had been given the amount of
arrears as directed by the Hon'ble Calcutta High Court vide its order dated 28.04.2016 and
therefore, the employees are languishing and living in harness and their lives are at stake. The
Commission perused the record and observed that despite the orders of the Hon'ble High Court of
Calcutta dated 28.04.2016 and recommendation of the Commission to make payment of the
wages/salary of the employees who have not been paid for last 47 months neither the Secretary
Ministry of Heavy Industries, Government of India nor the official liquidator of Companies,
Calcutta High court, 6th floor, 9 old post office street, Calcutta 700001 had disbursed the amount
of salary/wages to the employees so far. Therefore, this is a violation of right to life of the
employees of Tire Corporation of India Limited (in liquidation). Their human rights are being
violated by the public servant. The Commission takes a very serious view and directs its Registry
to issue summons to the Secretary, Ministry of Heavy Industries, Government of India, New Delhi
and the Official Liquidator of Companies, Calcutta High Court u/s 13 of the Protection of Human
rights act, 1993 to appear before the Commission on 21.03.2017 along with requisite report in
the matter. Should however the requisite report be received by the Commission on or before
14.03.2017, the personal presence of the concerned authorities shall stand dispensed with.

2. It is therefore, requested that the additional / complete report as directed by the Commission in
the matter be sent latest by 14/03/2017 for further consideration by the Commission.

Yours faithfully,

ASSISTANT REGISTRAR (LAW)

 NATIONAL HUMAN RIGHTS COMMISSION
(LAW DIVISION)
Tel.No.: 011-2338 5368
Fax.No.: 011-2338 5368
Telegraphic Add: HUMANRIGHTS
Homepage: http://nhrc.nic.in
Case No. 776/25/8/2015
Dated: 1/31/2017

To

THE SECRETARY
MINISTRY OF HEAVY INDUSTRIES, GOVT. OF
INDIA, UDYOG BHAWAN, NEW DELHI

Sir/Madam,
I am directed to say that the matter was considered by the Commission on 25/01/2017 and
the Commission has directed as follows:

These proceedings shall be read in continuation of the earlier proceedings of the Commission
dated 25.04.2016. On 25.04.2016, Commission observed and directed thus:- "The Commission
would like to know from the Secretary, Ministry of Heavy Industries, Govt. of India, what action
has been taken by him in compliance of the order of the Hon'ble Calcutta High Court dated
29.03.2016. The Commission would also like to know if all the outstanding dues of the employees
of Tyre Corporation of India Limited (TICL) have been paid. The Commission considers the
necessity to ask this question as the matter pertains to Right to Life and Livelihood of the
employees. Official Liquidator, Calcutta High Court, 6thFloor, 9, Old Post Office Street, Kolkata
- 700 001, be asked to submit compliance of payment of salary to the employees of TCIL within
four weeks". Pursuant to the directions of the Commission Under Secretary to Government of
India, Department of Heavy Industry, Ministry of Heavy Industry and Public Enterprises, New
Delhi submitted a report dated 19.05.2016. The report revealed that pursuant to the orders of the
Calcutta High Court dated 24.03.2016 a letter had been issued on 28.04.2016 to release a non-
plan loan of Rs. 1.06 crores towards statutory dues of permanent employees of the Tyre
Corporation of India Limited, Calcutta (in liquidation) through official liquidator for payment of
salary/wages and statutory dues of the regular employees of TCIL. No report has been received
from the official liquidator of Companies, Calcutta High Court, 6th floor, 9 old post office street,
Calcutta 700001 despite reminder. The complainant vide letter dated 12.08.2016, 28.10.2016 and
02.11.2016 has stated that the permanent employees of the Tyre Corporation of India Limited
have neither been paid their salary for last 47 months nor they had been given the amount of
arrears as directed by the Hon'ble Calcutta High Court vide its order dated 28.04.2016 and
therefore, the employees are languishing and living in harness and their lives are at stake. The
Commission perused the record and observed that despite the orders of the Hon'ble High Court of
Calcutta dated 28.04.2016 and recommendation of the Commission to make payment of the
wages/salary of the employees who have not been paid for last 47 months neither the Secretary
Ministry of Heavy Industries, Government of India nor the official liquidator of Companies,
Calcutta High court, 6th floor, 9 old post office street, Calcutta 700001 had disbursed the amount
of salary/wages to the employees so far. Therefore, this is a violation of right to life of the
employees of Tire Corporation of India Limited (in liquidation). Their human rights are being
violated by the public servant. The Commission takes a very serious view and directs its Registry
to issue summons to the Secretary, Ministry of Heavy Industries, Government of India, New Delhi
and the Official Liquidator of Companies, Calcutta High Court u/s 13 of the Protection of Human
rights act, 1993 to appear before the Commission on 21.03.2017 along with requisite report in
the matter. Should however the requisite report be received by the Commission on or before
14.03.2017, the personal presence of the concerned authorities shall stand dispensed with.

2. It is therefore, requested that the additional / complete report as directed by the Commission in
the matter be sent latest by 14/03/2017 for further consideration by the Commission.

Yours faithfully,

ASSISTANT REGISTRAR (LAW)