1. The Chairman Life Insurance Corporation of India
Central Office Yogakshema Jeevan Bima Marg,
2. The Executive Director Personal Life Insurance Corporation of India
Central Office Yogaksherna .leevan Bima Marg,
I have been authorized and instructed by my client Mr. Manohar Vegas General Secretary of All India Life Insurance Employees Association to serve upon you legal notice hereas under:
1. That the CGIT award dt. 18-6-2001 made in ID No. 27/91 has become final after dismissal of LIC Management Curative Petition No. 33/2017 as well as other similar connected curative petitions vide judgement and order dt. 22-02-2017, hence the judgement and order dt. 18-03-2015 made in CA No. 6950 and other connected matters following dismissal of Review Petition Civil No. 2994/2015 made in CA No. .6953 also vide judgement and order dt. 9th Aug 2016 the said CGIT award has to be implemented without any further delay as the industrial dispute relates to absorption of Badli/Temporary and Part Time Workman employed in the establishment of LIC after 20-05-1985 onwards till the making of dismissal order dt. 22-02-2017 made in said curative petition.
2. That the Constitution of India under Article 142 empowers the Supreme Court to do complete justice so as to meet the situations which can be done by issuing appropriate directions despite absence of mere statutory provisions as the same would not stand in the way of the court to do complete justice (DDA vs Skipper Construction Co. (P) Ltd. and Anr 1996 (4) SCC 622).
3. That as such the Temporary, badli and part time employees have to be considered for regularization w.e.f. 20-05-1985 In terms of the CGIT Award dt. 18-06-2001 but the L1C continued to make such appointments by employing temporary, badli and part time employees against permanent posts dunng pendency of the matter before the Hon’ble Courts which Is an act of unfair labour practice.
4. That therefore now all the workmen concerned who have worked as temporary, badli and part time have entitled for regularization in services w.e.f. 20-05-1985 onwards and receive 50% of arrears of back wages along with consequential benefits as per Hon’ble Suprme Courts Judgement dt. 9th Aug 2016.
5. That the Hon’ble Supreme Court has also upheld the validity and relevance of Tulpule and Jamdar Awards while upholding CGIT Award dt. 18-06-2001 made in ID No. 27/91 therefore each one of the concerned workmen are also legally entitled for absorption and regularization of services on account of having worked as temporary, badli and part time employees accordingly such employees are also to be provided permanent employment by being duly absorbed.
6. That the delay so occurred in the implementation of the CGIT award dt. 18-06-2001 is only on account of the acts of the LIC Management as such all the concerned workman may also be suitably compensated by making payment of 12% p.a. interest on the total accrued arrears of wages and benefits.
7. That it is pointed out that all the applications so made earlier by such temporary, badli and time employees in response to the UC advertisement dated 21-07-2015 are to be considered along with the fresh applications of the concerned LIC employees who have worked as temporary, badly and part time employee who could not apply because of filing of Review Petitions and Curative Petitions by the LIC Management in the Supreme Court of India.
8. That it is stated that all the workman concerned who have not superannuated till date shall be given regular appointment letters at the earliest and such workman shall also be allowed to join their respective posts while being paid arrears of wages along with all consequential benefits in one instalment and the services of all such concerned workmen shal be treated as being continuous.
9. That in case the workmen concerned who have got superannuated during this period shall be paid gratuity, PF and also all other consequential benefits which shall be paid without any further delay.
10. That the Hon’ble Supreme Court judgement dt. 09-08-2016 so made in Review Petitions of the UC Management In term directs for absorption of such employees till the age of superannuation and payment of back wages at the rate of 50% back wages with consequential benefits which have to be calculated on the basis of gross salary of the workman comprising of all the allowances like DA, HRA, CCA and due increments.
11. That the Hon’ble Supreme of India in its judgement dt. 9-8-2016 has modified its earlier judgement dt. 18-03-2015 only to the aforesaid extent as such the same has to be implemented forthwith.
12. That it is also stated that the temporary, badli and part time employees who have expired or become disabled during the pendency of the litigation their legal heirs shall be given employment with arrears of wages with consequential benefits.
I therefore for and on behalf of my client All India Life Insurance Employees Association call upon you to implement the above said Hon’ble Supreme Court judgement dated 9th August 2016 at the earliest within 30 days of receipt of this legal notice failing which All India Life Insurance Employees Association will be compelled to exercise its Trade Union rights while exercising legal rights as provided under law in terms and accordance with the judgement dated 9th August 2016 which provides for filing contempt petition afresh.
Note: The list of employees who are entitled for being regularized in service and given the benefits as per Award dt. 18-06-2001 and the Supreme Court Judgement dated 09-08-2016 is being awarded to you by the General Secretary of Delhi Unit which is affiliated to All India Life Insurance Employees Association.