Liquidator of HPCL has no authority to issue eviction notice: JACRU

STAFF REPORTER

GUWAHATI: The Joint Action Committee of Recognized Unions (JACRU), Nagaon and Cachar Paper Mills, Assam has claimed that the liquidator of HPCL (Hindustan Paper Corporation Ltd), had "no authority" to issue eviction notices to the employees of Nagaon and Cachar Paper Mills.

HPCL liquidator Kuldeep Verma had on Saturday issued eviction notices to the employees of Nagaon and Cachar Paper Mills, asking them to vacate their accommodations/quarters within 15 days.

Addressing a press conference in the city on Sunday, JACRU president Manobendra Chakraborty said that the eviction notice issued by the liquidator, suppressing and superseding the order of the Appellate Tribunal of the National Company Law Tribunal (NCLT), stood void ab initio and should not have any effect on the occupants of the quarters.

"The liquidator of corporate debtor (HPCL) is neither a court nor judge or magistrate to interpret / clarify position of law. The eviction notice sent by him suppresses/supersedes the order of the Appelate Tribunal, NCLT and hence is void ab initio," Chakraborty said

The NCLT had passed an order on May 29, 2019 that the Union Government should infuse fund and the liquidator should approach the government to release the fund to ensure that the HPCL remains a "going concern". The NCLT order stated, "Apart from the fact that Liquidator will ensure that the corporate debtor remains a going concern, we are of the view that the liquidator should approach the Union of India through the concerned department for realization of funds to ensure that the corporate debtor remains a going concern."

Chakraborty said that the attempt for enforcement of eviction notice superseding and suppressing the order of the Appelate Tribunal, NCLAT was "blatant violation of law of the land which may tantamount to serious offence to those who will act adversely against the settled statutes of law".

He said that till now 93 workers of the two paper mills had died while three among them had committed suicides under various compelling circumstances due to non-payment salary since the last 56 months. "The eviction notice served in violation to the NCLT order has led to resentment amongst the workers and any forceful attempt may warrant serious unrest which should be avoided at this critical juncture while the workers are passing through serious precarious conditions and are struggling for survival," he said.

JACRU has urged the liquidator to refrain from any coercive action in contravention of the order of the Appellate Tribunal, NCLAT which might invite serious industrial unrest and social turmoil.

Nagaon Paper Mill has been closed since March 13, 2017, while the Cachar Paper Mill has been closed since October 20, 2015.

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