Changes made in petition

 

AND IN THE MATTER OF :

All India Life Insurance
 Employees Association
Through its Secretary
5
th  Floor, Room No.49
Shri P.M. Road, Mumbai
Maharahstra.
                                                                                                    Petitioner

Versus

1. Life Insurance Corporation Of India having It’s Central Office At Yogakehama, Jeevan Bima Marg Mumbai – 400021

 

APPLICATION UNDER ORDER VI RULE 17 READ WITH SECTION 151 OF THE CPC READ WITH ORDER IV RULES OF THE SUPREME COURT RULES 2013 FOR AMENDMENT OF THE CONTEMPT PETITION HAVING. DIARY NO. 15116 OF 2017

MOST RESPECTFULLY SHOWETH 

That the petitioner have filed a contempt petitioner having Diary No. 15116 of 2017 praying for implementation of the Hon’ble Supreme Court judgment /order dated 18.3.2015 & 9.8,2016 made in C.A. No.6953 of 2009 & contempt petition 637/2015 in C.A.No.6953/2009 & R.P. (c ) No. 2994/2015 in C.A.No. 6953 of 2009 respectively. 2. That the above said judgment/order dated 18.3.2015 & 09.08.2015 as made in the aforesaid matter directs for implementation of the C.G.I.T. Award dated 18.6.2001 made in I.D. No. 27 of 1991 which has been upheld vide said judgment dated 18.3.2015 by this Hon’ble Supreme Court as made earlier in Civil Appeal No.6953 of 2009. Copy of which is annexed as Annexure P-1. C-21- hol) 3. That the respondent Review Petition No. 2994 of 2015 and Curative Petition No.33 of 2017 have also been dismissed by the Hon’ble Supreme Court vide judgments and order dated 9″ August, 2016 and 22.2.2017 respectively following which the legal notice dated 15.3.2017 has algo been given and the petitioner Association has also served upon the respondent a Reg.A.D. Notice dated 15.04.2015. Copies of which are annexed here with as

Annexure P2 (pages 48-52), P3 (59-63), P4 (64-66), P5 (67)

4- That the petitioner  union also had a discussion on 25-05-2017 with the respondent LIC in a meeting as fixed  concerning the issues involved in the matter so that the judgment of this Hon’ble Supreme Court is implemented  properly, in terms and accordance with law

5-  That meanwhile the respondent LIC Chairman Sh.  S.K. Roy has retired and in his place Shri V.K. Sharma has been appointed as Chairman accordingly besides Sh. S.K. Roy , Sh. V.K. Sharma may be permitted to be added as respondent No.1(b).

6- That subsequently the LIC vide its notices dated  19-06-2017 & 01-07-2017 has notified to a few concerned employees who have worked earlier for 85/70 daysto submit the  following documents for being considered for making appointment.  Copies of which are annexed as Annexure P-6 and P-7 (68)

1) Appointment Letter/s issued by LIC of India .
2) Extension Letter/s, If any, issued by LIC of India.
3) Relieving letter/Letter of Termination issued by LIC of India.
4) All Original Documents relating to Educational Qualification .
5) Document for Date of Birth Certificate -Birth Certificate/School Certificate. If qualification is SSLC or above, only the Date of Birth as mentioned in the SSLC will be considered.
6) Proof for previous employment.
7) Proof for present employment
8) Aadhaar Card/Adhar Letter.
9) Copy of the Statement of claim submitted by the Association/ Union of having the name of the applicant to the CGIT.
10) Caste Certificate in the Central Government , specified format , issued by the Competent authority in case of OBC/SC/.ST candidate.
 11) Disability Certificate in the Central Government specified format, issued by the Competent authority in case of person with Disability.
12) Discharge certificate in case of Ex-served man.

13) Duty completed enclosed Biodata form

14) Completed and notarized Affidavit.

7- That in addition to it the employees have also been asked to undergo medical examination so as to ensure that the candidate is physically and mentally fit for reporting to duty.

8- That the imposition of the above said conditions as stated above in para 6 (1)-(14) which happened to be contrary to the said C.G.I. T. Award Whirl, in terms directs for absorption/reinstatement of such employees.

9- That accordingly in view of change of chairman of LIC and its subsequent notifications dated 19.06.2017, 01.07.2017 the necessity to amend the pending contempt petition having diary ‘No. 15116/2017 has arisen,in the following manner:-

10- (i)In the matter of

IN THE MATTER OF :

All India Life Insurance Employees Association
Through Its General Secretary
5″ Floor, Room No.49
Sir P.M. Road Mumbal Maharahstra .. Petitioner

 Vs.

1.(a) Sh. S.K. Roy, The former Chairman Life Insurance Corporation Of India, Mumbal-40021

(b) Sh. V.K. Sharma The chairman Life Insurance Corporation of India Central Office, Jivan Beema Marg Mumbai 400021 … Respondent

11. That in the given fact and circumstances of the case the LIC management has committed contempt of this HOn’ble Supreme Court judgment dated 18.3.2015 and 9″ August 2016 as referred to herein above and it substantially tends to interfere with the due process of law as the temporary employees badly and part time employees who have been exploited and are being deniecrjustice for the last 32 years due to resorting of malafide wrong and illegal acts besides unfair labour practice by the LIC.

11A. That the petitioner union also had a discussion on 25.5.2017 with the respondent LIC in a meeting as fixed concerning the issues involved in the matter so that the judgment of this Hon’ble Supreme Court is implemented properly, interms and accordance with law.

11B. That meanwhile the respondent LIC Chairman Sh. S.K. Roy has retired and In his place Shri V.K. Sharma has been appointed as Chairman accordingly besides Sh. S.K. Roy Sh. V.K. Sharma may be permitted to be added as respondent No.1(b).

11C. That subsequently the LIC vide its notices dated 19.6.2017 & 01.07.2017 has notified to a few concerned employees who have worked earlierfor 85/70 days to submit the following documents for being considered for making appointment. ( Copies of which are annexed as Annexure P-6 ( pages and P-7 (pages  

1)      Appointment Letter/s issued by LIC of India .

2)       Extension Letter/s, if any, issued by LIC of India.

3)       Relieving letter/Letter of Termination issued by LIC of India.

4)      All Original tJocurnents relating to briu,st.exl.t Qualification ,

5)       Document for Data of Birth Certificate -Birth Certificate/School Certificate, If qualification is SSLC rr above, only the Date of Birth as mentioned In the SSLC will be considered,

6)      Proof for previous employment.

7)      Proof for present employment

8)      Aadhaar Card/Adhar Letter.

9)       Copy of the Statement of claim submitted by the Association/ Union of having the name of the applicant to the CGIT.

10)    Caste Certificate in the Central Government specified format , issued by the Competent authority in case of OBC/SC/.ST candidate.

11)    Disability Certificate in the Central Government specified format, issued by the Competent authority in case of person with Disability.

12)   Discharge certificate in case of Ex-served man.

13)    Duty completed enclosed Bio-data form

14)   Completed and notarized Affidavit.

11D- That in addition to it the employees have also been asked to undergo medical examination so as to ensure that the candidate is physically and mentally fit for reporting to duty.

11E- That the imposition of the above said conditions as stated above in para 11-C which happened to be contrary to the said CGIT Award which in terms directs for absorption/reinstatement of such employees.

11F-  That accordingly in view of change of chairman of LIC and its subsequent notifications dated 19-06-2017, 01-07-2017 the necessary to amend the pending contempt petition having diary No.-15116/2017 has arisen in the following manner:-

10- (i)In the matter of

IN THE MATTER OF :

All India Life Insurance Employees Association
Through Its General Secretary
5″ Floor, Room No.49
Sir P.M. Road Mumbal Maharahstra .. Petitioner

Vs.

1.(a) Sh. S.K. Roy, The former Chairman Life Insurance Corporation Of India, Mumbal-40021

(b) Sh. V.K. Sharma The chairman Life Insurance Corporation of India Central Office, Jivan Beema Marg Mumbai 400021 … Respondent

11G- That it is further stated that the imposition of above said condition  by the respondent LIC tantamount to making of recruitment concerning which the learned CGIT in its Award has held as follows :

*71. In my view undisputedly true that recruitment and absorption can not be equated together. In the award of Hon’ble Mr. Justice Jamdar it has been held  that absorption could not mean recruitment. Hence the rule and procedure applicable to the recruitment will not be applicable in the case of absorption. Absorption in my view pre supposes a valid appointment in the service and its continuity in it. The absorption of the workmen in the service I find has to be done on the basis of the recognized principles and the rules and regulations validly by framed.”

11H- That the LIC in its notification has also not made any reference at all to the payment of arrears of wages and other benefits to temporary , badli, & part time employees to which such employees are legally entitled to as per the Award and Judgment of this Hon’ble Court.

11I- That in this form and manner the respondent LIC is refusing to absorb the aggrieved employees acting as an another adjudicating authority which is wrong and illegal.

11J- That in the given facts and circumstances ,the respondent LIC has committed contempt of this Hon’ble Supreme Court Judgment and order dated 18.$.2015 and 9′ August 2016 willfuly by not considering the candidature of those employees who have applied in response to its earlier made on 21. July 2015 secondly by not considering the affidavits of the employees submitted before this Hon’ble Court in sealed cover and thirdly by notifying such terms and conditions arbitrarily like to make available appointment letter, Extension letter, Reliving letter etc vide its above said notices dated 19.6.2017 and 01.07.2017 and fourthly by issuance of such notices only to a few employees in violation of principles of natural justice as a number of employees who have worked for such requisite period of 85/70 days but are not having appointment letter. Extension letter and reliving letter etc. as the same remained with the office due to which such employees cannot apply accordingly they are being denied the opportunity for being absorbed in the LIC as per C.G.I.T. Award.

11K-  That as such workman can give an affidavit concerning their medical fitness and details of employment as hey do not have appointment letter, Extension letter and relieving letter etc. as asked for since the officer concerned always used to keep such advertisement letter with themselves as time period of employment was provided therein.

11-. That the petitioner Association /Union is stating that the employees who have worked for the said requisite period of 85/70 days may be absorbed in service against such posts so that they are not denied employment in any circumstances whatsoever especially on the mere issue of non submission of employment proof and non fulfillment of other conditions as notified.

12. That the proposed amendment in the pending contempt petition as stated above in paras 11A to 111 are bonafide, legal, fair and justified being necessitated due to subsequent developments and the same also do not change the nature of the Contempt Petition.

PRAYER

It is therefore most respectfully prayed that this Hon’ble Supreme Court maybe pleased to allow the petitioner to amend the contempt petition in the interest of justice as stated above in paras 11A to 11L. Any other order or orders may also be passed which this Hon’ble Court deems fit and proper in the given facts and circumstances of the case. The copy of the amended contempt petition is being annexed as Annexure P-8 (80-104)

Settled by:                                                                                                                          filed by:

(Shri R.Venkatramani)                                                                                                   ( B. K.Pal)

 Senior Advocate                                                                                                              Advocate for the petitioner

New Delhi
Date: 07/09/2017

14 thoughts on “Changes made in petition

  1. Thank you sir the above amended contempt petition reflects the opinion of thousands of eligible temporary lic employees.

  2. Sir .
    Ab early hearing ke liye application laga den. Jis se Sunwai turant ho sake.
    Otherwise notice issue hone me 2_4 mahine lagna mamuli baat hai.

  3. Sir Namaskar,
    The interest of the similarly placed employees whether petitioner or non-petitioner may please be focused while hearing of the contempt petition.
    With regards.

  4. Thank you Sir the above amended contempt petition reflects the opinion of thousands of eligible Temperary LIC Employees

  5. Sir.
    Keeping in view the huge pendency of work in Supreme court and as per our experience of last 4 months ,the Contempt petition may not come up on board in next 5 to 6 months .
    We should file an application for early hearing with the consultation of our counsel.
    As more then sufficient time have been lapsed, instead waiting, we should gear up .Several beneficiaries are reaching to retirement age.
    Getting numbered on the petition,admission of the petition,issuance and serving of notices and ,hearings may take much time.

  6. The persons who are aware of Court culture are very much know that how to manipulate the system and it is not difficult for big lawyers (from lic) to get put the contempt applications to Due Course(Thanda Basta).
    It is time to file application for early hearing immediately.Other wise the workmen will lose for ever.

  7. I was temporary typlst for 85 days in Lic branch chikhli, Surat division in 1991. I have internet to join life union. Would you help me sir? Dilip m. Solanki. MO. 9426559779.

  8. sir,

    i had worked 85 days as temporary asst. in the year 1985 at VISAKHAPATNAM DIVISION, ANDHRA PRADESH .What is the Present position and how many days take place for appointments

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