In The Matter of M/S U.P.State Cement Corporation Ltd.

Sunil Ambwani, J.—Present Shri Ashok Mehta, learned counsel for Official Liquidator; Shri Navin Sinha, Senior Advocate assisted by Shri Yashwant Verma for M/s Jaiprakash Associates Limited (JAL).

Shri Navin Sinha, Senior Advocate, learned counsel appearing for JAL submits that in the matter of directions to remove the unauthorised occupation of the land at the factory gate by 361 families in compliance with the directions issued on 6.11.2009, the District Magistrate found that in fact there are only 268 families and has identified 218, out of the 268 families. The remaining 50 have not been identified so far. The JAL has submitted a bank guarantee on 2,68,00,000/ @ Rs. 1 lac to each family for construction of a house for which the Gaon Sabha land for allotment by way of rehabilitation has also been identified. The District Magistrate has not carried out the orders for identifying the remaining families and for their evacuation and rehabilitation. As soon as these families are evacuated, the JAL will simultaneously pay an amount of Rs. 1 lac to each identified family.

Shri Ashok Kumar Chaubey has filed an application on behalf of 179 persons of Village Kota, Pargana Angori, Tehsil Robartsganj, District Sonebhadra. The copy of the application has not been given to any counsels. Let a copy of this application, praying for directions in the nature of mandamus not to harass and disturb the applicants in their peaceful possession over the land in dispute i.e. Gata No. 113 (area 19.740 hectare) and 179 ( area 13.231 hectare) located at Malin Basti, Village Kota (Dala) Pargana Agori, Tehsil Robertsganj, District Sonebhadra, be given to both the Official Liquidator as well as Shri Yashwant Verma. The matter will again be taken up in January, 2010. The District Magistrate will carry out the directions to identify the remaining families by that time.

In the meantime, the District Magistrate may offer to evacuation and resettlement of the families, who are willing to shift. The District Magistrate will allot the Gaon Sabha land to such persons by identifying the land with measurements and issue directions for execution of lease deeds. As soon as the families, which are willing to shift, vacate the Malin Basti, the JAL will simultaneously pay them Rs. 1 lac each. The District Magistrate will advertise inviting offers from the families, who want to shift voluntarily within one week.

POSSESSON OF THE SCHOOL BUILDINGS

(There were seven educational institutions)

On the sale of the assets of the company (in liquidation) to JAL, the JAL was requested to run the schools. The JAL did not accept the offer as it has its own policy of running schools in factories through a trust under CBSC pattern. It was thus decided that the teachers and staff of the schools may be accommodated in the Government schools and that the teaching may continue only till academic session 200708.

Shri Ashok Mehta, appearing for Official Liquidator, informs that all the teachers and staff have been accommodated in Government schools and are receiving their salaries. The teaching was stopped after the academic session 200708. The Principal of these institutions, however, did not hand over the possession to the Official Liquidator to be given to the JAL.

It is reported that out of 7 educational institutions, the possession of one school building and campus at Chunar has been handed over except three rooms in which the primary section was functioning. The possession of one school building at Churk has been handed over to JAL. As of now the possession of the school building at Chunar, three schools at Dalla, two schools at Churk and one school at Ghurma has not been given to JAL. It is reported by Shri Ashok Mehta that the Principals are not cooperating and that the possession can be handed over only through the help of the district administration and the police. The notices sent to the Principals have not resulted into any positive response.

The Official Liquidator is directed to inform the District Magistrates Mirzapur and Sonebhadra to depute a Sub Divisional Magistrate and Circle Officer to hand over the possession of these schools to the Official Liquidator to be delivered simultaneously to the JAL. The possession shall be given within one month, with atleast two week''s prior information to the Principals of the schools. The information will be sent by the Official Liquidator along with copy of this order through registered post.

U.P. POWER CORPORATION

Shri H.P. Dube is not present. The matter with regard to the houses near Sub Station of U.P. Power Corporation and the remaining payment of electricity dues to U.P. Power Corporation shall be considered on the next date.

Shri Yashwant Verma has filed an application, the copy of which has been given to Standing Counsel today for remaining encroachments existing on the company''s (in liq.) properties from before the date of sale and for which the Official Liquidator is required to take steps and to hand over possession to the JAL. The details of the encroachments, constructions and the area has been given in paragraphs 5 and 6 supported with annexures A and B. The Official Liquidator and the State will identify and verify these properties and file a reply within three weeks.

The OL''s Report No. (Jud)/213 of 2009 (Dividend for Remaining Workmen)

The Official Liquidator has filed a report No. (Judl.)213 of 2009. He has accepted the report of the Liquidation Claims Committee in three parts. In the first part the report of the Claims Committee with regard to payment of gratuity payable to late Shri Ram Narain Singh to his widow Smt. Naurangi Devi has been accepted for a total claim of Rs.38709/ and pari pasu dividend at Rs.30868/. She has given her account number of the State Bank of India, Dala, Sonbhadra. The first part of report is allowed. Let the claim be directly remitted to her account in the State Bank of India, Branch Dala, Sonbhadra.

The second part of report relates to 24 workmen, who had filed their claims in pursuance to the award of the Industrial Tribunal being Adjudication Case No.119 of 1986. Their claims were allowed by the Industrial Tribunal. The writ petitions were dismissed. The Court had issued directions on 27.4.2007 to consider their claims. Para 43 (5) of the directions, are quoted as below:

"5. Award in Adjudication Case No.119 of 1986 by Industrial Tribunal presided over by Justice B.P. Mathur dated 5.1.1991 awarding claim of 404 workmen to be treated as permanent when they completed three years of service. A Writ Petition No.30260 of 1991 was filed against the award in which the stay order was granted on 6.8.1996. The writ petition was dismissed on 24.9.2004. Recall application dated 29.7.2005 filed by the OL is still pending."

The Liquidation Claims Committee has worked out their entitlement on the basis of the award. The arrears are payable to them between Rs.1,22,000/ to Rs.1,32,000/ for each workman after working out pari pasu dividend. A total amount of Rs.33,31,679/ has been worked out to be paid to these 24 workmen. The report of the Liquidation Claims Committee accepted by the Official Liquidator is approved. Let the payment be made to them by directly transferring it to their bank account. Wherever the account numbers are not given, the Official Liquidator will ask these workmen to provide their account numbers.

The third part of the report relates to difference of dividend to be paid to 12 workmen. These claims were delayed under the directions of the Court. They were required to be adjudicated. The Liquidation Claims Committee has adjudicated these claims and found that the dividend of Rs.1,37,159/ is payable to each of these workmen totalling Rs.16,45,904/. The report of the Liquidation Claims Committee accepted by the Official Liquidator is approved. Let the payments be made to them by directly transferring the dividend to their bank accounts.

The fourth and last part of report of the Official Liquidator deals with payment to two workmen namely Shri Buddh Nath son of Late Rama Nand (C20) and Sri Bal Kishan son of Chottan (C37) of the Churk unit. They were also beneficiary of award No.119/86. The award has already been accepted and their pari pasu dividend has been worked out to be payable at Rs.250145/ and Rs.233933/. The report of the Liquidation Claims Committee accepted by the Official Liquidator is approved. Let the payment be made by directly transferring the amount to their bank accounts.

Shri Ashok Mehta informs the Court that about 138 more applications are pending. Let the office prepare a list of these applications giving the number, applicant''s name and counsel''s name. The entire list shall be printed in the cause list and that all the applications shall be listed for orders on 22nd January, 2010.