‘Eviction Notice illegal, we will move the judiciary,’ states Paper Mill Union

Sept 5: The employees of Nagaon Paper Mill (NPM) and Cachar Paper Mill (CPM) in Assam have been asked to vacate their accommodation /quarters within 15 days or will be faced with legal action. This was stated in a notification by the liquidator of Hindustan Paper Corporation Ltd, Kuldeep Verma on Friday. The notification further stated that failure to do so will result in legal action against the employees who refuse to comply. Expressing his sharp reaction to this, Manobendra Chakraborty, President of Cachar Paper Project Workers’ Union on 4 September sent a letter to the Liquidator Kuldeep Verma of HPC Ltd. wherein he stated that the eviction notice served to vacate the quarters by the employees is illegal.

Expressing his views, the Union leader wrote in his letter, “It is pertinent to mention here that the Liquidator of Corporate debtor is neither a Court nor Judge or Magistrate to interpret / clarify position of law and duty bound to abide by Order of Adjudicating Authority, in the instant case the notice of Eviction served by you on the force of NCLT Order dated 02-05-2019 suppressing / superseding the order of Hon’ble Appelate Tribunal, NCLAT stand void ab-initio and not maintainable since the same contravene the Order of  Hon’ble Appellate Tribunal NCLAT.”

“Consequent upon Order of Appellate Tribunal NCLAT dated 29-05-2021 & Revised Order of Hon’ble NCLT Dated 26-04-2021 which reaffirms the Order of Hon’ble NCLAT the Service Conditions of the Workers / employees remains unchanged and protected therefore, Section 33(7) of Insolvency & Bankruptcy Code 2016 shall not apply & will not have any force on the Workers / employees, the attempt for enforcement of Eviction Notice superseding & Superseding the Order of Hon’ble Appelate Tribunal NCLAT is blatant Violation of Law of the Land which may tantamount to serious offence to those who will act adversely against settled statutes of Law,” wrote Manobendra Chakraborty in his letter addressed to Kuldeep Verma.

Citing Order of Appellate Tribunal NCLAT he wrote, “In the meantime you are once again communicated that as of now 93 workers died amongst 3 of them committed suicides under various compelling circumstances due to nonpayment Salary since last 56 months & the Eviction notice served in violation to the Order of Hon’ble Appellate Tribunal NCLAT has ignited volcanic resentment amongst the Workers / Employees and in Society at large and any forceful attempt may warrant serious unrest which should be avoided at this critical juncture while the workers are passing through serious precarious condition & struggling for survival.You are therefore, cordially requested to refrain from any coercive action in contravention of the Order of Hon’ble Appellate Tribunal NCLAT/ High Court or by misinterpreting the Law which may invite serious industrial unrest & social turmoil and in such situations you would be held solely responsible.”

Cachar Paper Mill and Nagaon Paper Mill run by Hindustan Paper Corporation Limited (HPCL) have been non-functional since 20 October 2015 and 13 March 2017 respectively. The employees of the two mills have not received salaries for the past 56 months.