All IndiaLife’sCurrentLegalBattleinSupremeCourt(2015-2018) CGIT BADLI/TEMPERORY EMPLOYEES CASE 1) In Civil Appeal No.6953 of 2009 by All India Life,the Supreme Court Judgment given on 18.03.2015 directed LIC that it shall be restored and implemented by the Corporation by absorbing the concerned workmen in the permanent posts and if they have attained the age of superannuation,the Corporation will be liable to pay all consequential benefits including monetary benefits taking into consideration the pay scale and revised pay scale from time to time by the Corporation. InthetermsofthedirectionsgivenbytheHonorableSupreme Court,the Management has to implement the directions given in their judgment within 8 weeks. 2)Contempt Petition 637/2015 was filed by All India Life when the Supreme Court Judgment was not implemented in 8 weeks time,All India Life filed a Contempt Petition and consequently LIC filed a Review Petition on 15.05.2016. 3)In response to the Contempt Petition filed by All India Life and Review Petition filed byLIC,on9th August,2016 Supreme Court Bench Judgment & Order, Awarded 50% of back wages as periodic wager evision with consequential benefit still the date of absorption or event ill the age of superannuation.Further, LIC has been instructed to comply with the directions contained in the Judgment & Order dated 18.03.2015. 4)LIC files Curative Petition in October 2016 but Curative Petition admitted in January 2017.All India Life files Petition to admit as Party to the case under Curative Petition No.30/33 of 2017. 5) Supreme Court Bench headed by Chief Justice of India dismissed LIC’s Curative Petition on 22nd February 2017 and upholds the previous Judgment & Order dated 09.08.2016. 6)All India Life’s Advocate,Shri B.K.PalservesLegalNoticedated15.03.2017to LIC Management.LIC fails to reply. 7) All India Life files the Contempt Petition(No.15116/2017&No.1968-1969 of 2017)against LIC Management on 8th May 2017 and the copy of the same is served personally to LIC’s Advocate,Shri Mukul Rohatgi,Attorney General by our Advocate,Shri B.K.Pal on 9th May 2017. 8) It may be noted that All India Life was the First Petitioner to file the current Contempt Petition against LIC. As a result,LIC Management was awakened by All India Life and swiftly Central Office issued internal circular instructions dated 17.05.2017 to initiate the scrutiny process. 9) LIC Management initiates the scrutiny of documents of the candidates whose name appeared in the CGIT listand also who applied to the newspaper notification dated 21.07.2015,i.e.entertaining applications only from petitioners having worked during the period 20.05.1985 to 04.03.1991 and having all the 3 proof documents i.e.Appointment Letter,Termination Letter and Service Certificate. 10)LIC Management offers appointment to only around 300 workmen.All India Life challenges Management condition and “eye-wash” appointment through Amendment Petition filed on 07.09.2017. 11)All India Life further challenged the LIC Management’s claim in the Supreme Court hearing dated 17.01.2018 that they have complied the Supreme Court Orders.Our Advocate Mr.B.K.Pal,refuted the claims made by LIC and made it clear that Contempt Petition was filed for the non-compliance of Supreme Court Order by LIC.The Bench of the Supreme Court directs LIC to file an Affidavit within 3 weeks with regard to their claims made with a copy to all the Petitioners addressed individually.The Bench also gave 2 weeks time to the Petitioners to reply the same on receipt of the Affidavit copy from the Management. 12)All India Life’s Advocate during the 21.03.2018 hearing sought the detachment of one of the Judges included in the Bench,who was a single Judge in the High Court for the same case and who had given decision against the Workmen.The objection raised by All India Life was accepted by the Bench. 13)On 11.05.2018,The Two Judge Bench of the Supreme Court has directed the LIC Management to notify the process for scrutiny of those petitioner workmen who are able to produce materials that they have been in the employment during the period 20.05.1985to 04.03.1991.The Bench also directed LIC Management to scrutinize such applications and take a final decision before the next date of hearing i.e.21.08.2018.LIC’s Advocate,Attorney General,Mr.Venugopal was alsopresent. We will continue our 33 Years Legal Battle till justice is given. To all temporary Workmen as on 18.03.2015 BADLI/TEMPERORYEMPLOYEESCASE(1985–2009) ALL INDIA LIFE’S CONSISTENT ROLE IN CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NATIONAL INDUSTRIAL TRIBUNAL DELHIHIGHCOURT 1)All India Life is the only Union which has been pursuing the Badli/Temporary Employees case in LIC since the dispute from 1985. 2)It is a well-knownfact that Shri S.S.Jain,the General Secretary of Life Insurance Employees’Association,Delhi affiliated to All India Life Insurance Employees’ Association(AILIEA)raised the Industrial Dispute in the matter of Absorption of Temporary/Badli/PT Employees who have worked/working in L.I.C since 20.05.1985. 3)The matter was referred by the Finance Ministry,Central Government to the Central Government Industrial Tribunal(CGIT)by Orderdated 04.03.1991.There, the Award was given in our favour by the Presiding Officer,Justice Shrivastava. According to this Award,the Management was directed to absorb the temporary/badli/part-time employees against permanent vacancies in LIC. 4)Justice Shrivastava endorsed fully the Award given in National Industrial Tribunal (NIT)bythe Presiding Officer Justice Dr.R.D.Tulpude and Justice M.S.Jamdar. Justice Jamdar gave his findings on the word “Absorption”. Till then Management was interpreting the word“Absorption”as equivalent to recruitment. Their contention was that the Recruitment Instructions of LIC of India of 1979 since mandatory cannot be over-ruled.Needless to point out that the reference before CGIT wasfor Absorption and not for Recruitment. 5)The decision of Appeal by LIC in High Court and the decision against the Workmen did not deter All India Life to appeal in the Supreme Court. 6)But since 2009,when the case has been for Appeal in the Supreme Court,only All India Life,INTUC & Cl.IV Unions from LIC has been fighting this case.The other Unions were Party initially to the case in the reference of the dispute to the CGIT, but withdrew from the case and while others joined the case only at the later stage. --------------------------------------------- MANOHAR VEIGAS ALL INDIA GENERAL SECRETARY ALL INDIA LIFE INSURANCE EMPLOYEES ASSOCIATION.
ITEM NO.4 + 64 COURT NO.5 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CONMT.PET.(C) No. 1921/2017 in C.A. No. 6950/2009
RANBIR SINGH Petitioner(s)
S.K. ROY, CHAIRMAN, LIFE INSURANCE CORP.
OF INDIA AND ANR. Respondent(s)
CONMT.PET.(C) No. 1922-1923/2017 in C.A. No. 6950/2009 (XIV)
( FOR impleading party ON IA 37941/2018
FOR INTERVENTION/IMPLEADMENT ON IA 37941/2018
FOR EXEMPTION FROM FILING O.T. ON IA 37942/2018)
CONMT.PET.(C) No. 1924-1925/2017 in C.A. No. 6952/2009 (XIV)
CONMT.PET.(C) No. 1944/2017 in C.A. No. 6956/2009 (XIV)
(FOR INTERVENTION APPLICATION ON IA 37932/2018)
CONMT.PET.(C) No. 1945/2017 in C.A. No. 6956/2009 (XIV)
(FOR INTERVENTION APPLICATION ON IA 16380/2018
FOR [I/A TO PLACE ON RECORD LIST OF EMPLOYEE/WORKMEN] ON IA
CONMT.PET.(C) No. 1965-1967/2017 in C.A. No. 6953/2009 (XIV)
CONMT.PET.(C) No. 1968-1969/2017 in C.A. No. 6953/2009 (XIV)
CONMT.PET.(C) No. 31-32/2018 in C.A. No. 6950/2009 (XIV)
(IA No.7430/2018-CONDONATION OF DELAY IN FILING and FOR ADMISSION)
Diary No(s). 1520/2018 (XIV)
SLP(C) No. 5494-5499/2018 (IX)
CONMT.PET.(C) No. 812/2018 in C.A. No. 6953/2009 (XIV)
CONMT.PET.(C) No. 813/2018 in C.A. No. 6950/2009 (XIV)
CONMT.PET.(C) No. 814/2018 in C.A. No. 6950/2009 (XIV)
CONMT.PET.(C) No. 825/2018 in C.A. No. 6950/2009 (XIV)
CONMT.PET.(C) No. 824/2018 in C.A. No. 6950/2009 (XIV)
(FOR EXEMPTION FROM FILING O.T. ON IA 32041/2018)
CONMT.PET.(C) No. 826/2018 in C.A. No. 6950/2009 (XIV)
CONMT.PET.(C) No. 952/2018 in C.A. No. 6950/2009 (XIV)
CONMT.PET.(C) No. 1043/2018 in C.A. No. 6950/2009 (XIV)
Diary No(s). 13484/2018 (XIV)
( FOR [SEEKING PERMISSION TO FILE CONTEMPT PETITION] ON IA
Diary No(s). 13488/2018 (XIV)
( FOR [SEEKING PERMISSION TO FILE CONTEMPT PETITION] ON IA
CONMT.PET.(C) No. 986/2018 in C.A. No. 6950/2009 (XIV)
CONMT.PET.(C) No. 988/2018 in C.A. No. 6950/2009 (XIV)
CONMT.PET.(C) No. 987/2018 in C.A. No. 6950/2009 (XIV)
CONMT.PET.(C) No. 1035/2018 in C.A. No. 6950/2009 (XIV)
Diary No(s). 17640/2018
Diary No(s). 17645/2018
Diary No(s). 17650/2018
CONMT.PET.(C) No. 1069/2018 in C.A. No. 6950/2009
Date : 11-05-2018 These matters were called on for hearing today.
HON’BLE MR. JUSTICE KURIAN JOSEPH
HON’BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
For Petitioner(s) Mr. R. Basant,Sr.Adv.
Mr. P. Mahadevan,Adv.
Mr. M.A. Chinnasamy, AOR
Ms. C. Rubavathi,Adv.
Mr. V. Senthil Kumar,Adv.
Mr. K. Ethiraj,Adv.
Mr. Yadav Narender Singh, AOR
Mr. Gaurav Jain,Adv.
Ms. Tanu Priya Gupta,Adv.
Mr. M.P. Srinivasa Rao,Adv.
Mr. Naresh Kumar, AOR
Mr. Sugam Kumar Jha,Adv.
Mr. P. Vasu,Adv.
Mr. S. Nanda Kumar,Adv.
Ms. Deepika Nandkumar,Adv.
Mr. M.S. Sarvan Kumar,Adv.
Mrs. Anjani Aiyagari, AOR
Mr. R.S. Suri,Sr.Adv.
Mr. B.K. Pal, AOR
Mr. Natansh Kumar Pal,Adv.
Mr. Bankey Bihari Sharma, AOR
Mr. Ravi P. Jadhav,Adv.
Mr. Atul Bandu,Adv.
Mr. Anil Chowdhury,Adv.
Mr. M.M. Singh,Adv.
Mr. Anurag Bhardwaj,Adv.
Mr. Rameshwar Prasad Goyal, AOR
Mr. Pramod Kumar,Adv.
Mr. Jitendra Kumar,Adv.
Mr. Mahesh Srivastava,Adv.
Mr. Vaibhav Manu Srivastava, AOR
Mr. Rajendra Sahu,Adv.
Mr. Rishabh Sahu,Adv.
Ms. Hema Sahu,Adv.
Mr. C. L. Sahu, AOR
Mr. Balraj Dewan, AOR
Ms. Divya Roy, AOR
Mr. Sarthak Raizada,Adv.
Mr. P.V. Yogeswaran, AOR
Mr. S. Peer Mohamad,Adv.
Ms. C. Rubavathi,Adv.
Mr. V. Senthil Kumar,Adv.
Mr. P. Raja Ram,Adv.
For Respondent(s) Mr. K.K. Venugopal,AG
Mr. Ashok Panigrahi, AOR
UPON hearing the counsel the Court made the following
O R D E R
List on 21.08.2018 at the top of the list.
In case the petitioners are in a position to produce materials
to show that they have been in employment between 20.05.1985 and
04.03.1991, the Competent Authority shall consider their cases for
absorption. Needless to say that the prescribed conditions will
We direct the Life Insurance Corporation of India to nominate
a senior official of the Corporation to scrutinize the applications
and take a final decision. This may be done before the next date
(NARENDRA PRASAD) (RENU DIWAN)
COURT MASTER ASSISTANT REGISTRAR
In today’s hearing in the CGIT case in Hon’able Supreme Court, the court after viewing the counter filed by LIFE union and others, directed as below:
“LIC will appoint a senior officer who will invite applications by way of notification, for all those employees who have worked between 20/03 1985 and 4/3/1991. The workmen’s application will be submitted through UNIONS along with affidavit. The exercise undertaken by LIC on these applications and the report there on will be submitted to the court by 21st August, 2018.
The case of employees who have worked beyond the date of 04/03/1991, still stands under consideration in the Supreme Court. “
The hearing was attended by Attorney General Shri Venugopal on behalf of LIC.
ALL India Life Insurance Employees Association and Delhi Unit of All India LIFE was represented by Shri S.S.Jain and Shri. Kandwal.