NOTICE OF FIRST AGM OF LIEA- LUCKNOW

NOTICE OF FIRST ANNUAL GENERAL  MEETING OF LIEA-LUCKNOW ON 17.12.2017

Dear Sir/Madam,

It has been decided to hold the FIRST ANNUAL GENERAL meeting of the All India Life Insurance Employees Association, Lucknow on 17.12.2017, SUNDAY at DTC Hall, Annexe Building , Jeevan Prakash, 30 Hazratganj, Lucknow, 11.30 AM onwards.

AGENDA

  1. Divisional Secretary’s annual report.
  2. Presentation of annual accounts
  3. Felicitation of Retired Members in the intervening period.
  4. Update on Cooperative Society.
  5. Update on CGIT case.
  6. Any other matter with permission of the chair.
  7. Lunch .

We request all members to participate in the FIRST MEETING of your Organization and make it a grand success.

Thanking You,

Yours Sincerely,

sd/-

Azhar Jamal.

Divisional Secretary.

Absorption of temporary employees in Surat

List of temporary employees absorbed in Surat Divisional Office against permanent vacancies.. All 25 have become LIFE members

 

1-JAYESH KUMAR VALLABABHAI KHATRI,
2-HARSHA GUNVANTBHAI BHAVSAR
3-PREMBALA ARNOLD MOGIRA
4-VARSHA VASANT LAL MANDVIWALA
5-CHHAYABEN HARISHBHAI RANA
6-VARSHABEN KESURBHAI PATEL
7-DHARSHNA DINKAR NAYAIK
8-REETABEN MANSUKHLAL SAVANI
9-PRAVEEN KUMAR BALUBHAI SINHAL
10 MANOJ KUMAR MANGAL LAL PATEL
11-RAJENDRA KUMAR CHHIBUBHAI PATEL
12-PRASHANT AMRUTLAL PATHAK
13-
KAMLESH KUMAR VASANTLAL MOTAWALA
14-
BEENABEN SOMCHANDBHAI TAILOR
15-NALINI CHINMAYA KUMAR PANDIA
16-
CHARULATA NATWARLAL DESAI
17-
SUNITA VISHNUPRASAD VAIDYA
18-
BHARATBHAI ZINABHAI PATEL
19-
PRABODHCHANDRA THAKORLAL PATEL
20-PRAVIN KUMAR VITHALBHAI ROHIT
21-SUMANBHAI CHHOTUBHAI PATEL
22-SURESHBHAI VALLABHBHAI RATHOD
23-VIKARAM AMRITBHAI PATEL
24-GIRISHKUMAR AMRUTBHAI PATEL
25-ANIL KUMAR ISHWARLAL KAPADIA

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

CGIT update

To: All UNITS: In the letter of offer and appointment for CGIT Candidates it is mentioned at the end that if the conditions of the employment laid by Corporation are acceptable then the candidate has to endorse on the Copy. It means it amounts to giving acceptance to the employer that we accept the back wages only for the period of temporary employment 85 days. Also the pay scale is as if for the new recruits. which is against the supreme court order. Our candidate must endorse on the Copy at the time of reporting by adding a line just above their signature “Governed by Supreme Court Judgment in C.A. No.6950 & 6953 of 2009 dated 09.08.2016”

A letter from Temporary class to AIIEA

सम्मानीय अध्यक्ष महोदय

(AIIEA)

               Date: 7.7.2017

ALL INDIA INSURANCE EMPLOYEES’ ASSOCIATION
LIC BUILDING SECRETARIAT ROAD HYDERABAD 500063
Email: aiieahyd@gmail.com
PRESIDENT: Phone: 040-23244595

विषय Cir.No.11/2017 दिनांक 3 जून 2017 को CGIT के संबंध में आपके द्वारा प्रकाशित पत्र के संबंध में.
महोदय,
3 जून 2017 को CGIT के संबंध में आपका पत्र प्रकाशित हुआ जिसमें आपने LIC को letter dated 23/5/2017 raising serious concerns over the improper implementation of the Supreme Court Judgment relating to the CGIT Award dated18/6/2001 in the I.D.No.27 of1991 passed by the Learned Presiding Officer Sri K.S. Srivastava. We regret that leave alone a response from you, this letter on a very important subject is not even acknowledged के लिए आपको बहुत बहुत धन्यवाद
श्रीमान महोदय आप ने माननीय Supreme Court Judgments of 18/3/2015 and thereafter on the Review Petition Dated 29/4/2015 moved on behalf of LIC.के बारे में लिखा के लिए भी आपको धन्यवाद की आपने माननीय सुप्रीम कोर्ट की बात को मैनेजमेंट के सामने रखा.

लेकिन हम जानना चाहते हे कि संविधान के अनुसार भारत में :-
1) माननीय सुप्रीम कोर्ट
2) माननीय हाई कोर्ट
3) माननीय CGIT
में सबसे बड़ा कोन हे ? (LIC मेनेजमेंट और ALL INDIA INSURANC EEMPLOYEES ’ASSOCIATION AIIEAकी नज़र में ) क्यों की :-
माननीय सुप्रीम कोर्ट के Judgment 18.3.2015, के बाद 9.8.2016, और 22.2.2017 के स्पष्ट फेसले आने के बाद भी आप दोनों (LIC & AIIEA)की जुगलबंदी का राग Statement of claim submitted by the Association having The name of the applicant to the CGIT. The LIC cannot restrict the implementation Of the CGITA ward only to the petitioners. The Award is applicable to al eligible Candidates who qualify having worked during the stipulated period. The CGIT Award and the Supreme Court Judgment is not in persona but they are in rem. हे.
आप दोनों (LIC & AIIEA) 57 पेज के CGIT AWARD पॉइंट 1 से लगायत 94 पोइंट को पढ़े कि, पेज न .24से पॉइंट 32 ,33,35,और 36 में पूरा प्रकरण स्पष्ट होता हे कि जो अभी शामिल हे वह और जिन्हें मालूम नहीं हे उन्हें मैनेजमेंट को विज्ञापन निकाल कर सूचित करके LIC में नौकरी में रखना हे पुरे हित लाभ के साथ को पुनः पढ़े और मैनेजमेंट को भी पढावे दोनों की गलतफहमी दूर होगी साहब.

मानाकि आप दोनों (LIC & AIIEA) हमारे हितेषी हे और आप तो ख़ासतौर से मजदूरो के हितो के लिए ही जानेजाते हे कामरेड साहब. लेकिन हमारे ऊपर किस दुश्मनी के कारण डाका डाल रहे हे साहब.

आदरणीय कामरेड साहब AIIEA हमें हमारी क़ानूनी जंग हमारी 6 अपिलियंत यूनियनों के साथ लड्ने दो
18.3.2015, के बाद 9.8.2016, और 22.2.2017के बाद  लाइफ यूनियन और  लायन अजय जैन के माननीय सुप्रीम कोर्ट की साइट पर डायरी नम्बर आप और आप की LIC को भी मालूम ही हे माननीय सुप्रीम कोर्ट से 15 जून 2017 के बाद एक और सप्लीमेंट्री लिस्ट मैनेजमेंट को मिल गई हे और उन्ही लिस्टों के अनुसार बगेर कोई शर्तो के पुरे हितलाभो के साथ 9.8.2016 के आदेशानुसार माननीय सुप्रीम कोर्ट को, LIC मैनेजमेंट एम्प्लिमेशन के पेपर, लगने वाली तारीख को देगा कि नहीं ? या इसतरह के मेटर में कानूनन नान बेलेबल अरेस्टिंग वारंट का इंतजार करेगा. विचार करे हम किसी की बदनामी नहीं चाहते लेकिन वो नहीं मानें तो हम क्या कर सकते.

आदरणीय कामरेड साहब AIIEA, दिनांक 13 अक्टूबर 2016 को CGIT के संबंध में आपके द्वारा प्रकाशित पत्र के संबंध में.14.10.2016 को आप को पत्र लिखे गए और आप ने 17.10. 2016 को सुबह से ही चेयरमेन साहब और उनकी टीम को हेदराबाद बुलवाकर अपनी (LIC & AIIEA)की जुगलबंदी को ब्रेक किया था और एक पत्र उन्हें दिया था

ऐसी ही उम्म्मीद पुनः हमे हे आप से कि आप माननीय Supreme Court के 18/3/2015 और 9.8. 2016 को आये जजमेंट को अक्षरशः लागु करने के लिए लिखेगे / लागू करवाकर सही- सच्चे कामरेड साबित होगे और हम सब आपको लाल सलाम करेगे .

आशा है इस बात को गंभीरता से लेंगे और सभी अस्थाई कर्मचारियों जिसको माननीय सुप्रीम कोर्ट के आदेशानुसार कामगारों को स्थाई करने का और LIC से पुरे हितलाभो के साथ देने का लिखित में दिया गया है कृपया माननीय सुप्रीम कोर्ट के पूरे आदेश को दोबारा पढ़े और गलतफहमियों को दूर करें तथा जो गलत तथ्य के साथ आपने को जो पत्र Cir.No.11/2017 दिनांक 3 जून 2017 को CGIT के संबंध प्रकाशित किया है उसके लिए आशा है आप, सभी स्थाई होने जा रहे कर्मचारियों के हित में अपना खंडन, सूचना को भ्रम फैलाने वाली बतलाते हुए उसके ऊपर खेद प्रकाशित करेंगे.
Link of the Contempt of Court judgment dated 9th August 2016 of Honorable Supreme Court:
http://supremecourtofindia.nic.in/FileServer/2016-08-09_1470741552.pdf

Link of the judgment dated 18th March 2015 of Honorable Supreme Court:
http://judis.nic.in/supremecourt/imgst.aspx?filename=42497 )

धन्यवाद
Sincerely,
(One of the temporary terminated Employee)
7.7.2017

MEETING AT KOLKATA FOR CGIT CLAIMANTS – ADDRESS BY SHRI S S JAIN

A meeting was organized in Kolkata by the LIFE, kolkata unit for the benefit of the Temporary, Badli , part time workers of Eastern Zone. Our very own Shri S.S.Jain, who is an encyclopedia unto himself in the matter of CGIT case and has so far successfully defended the workmen in the Supreme Court, traveled all the way from New Delhi to address the meeting. He was welcomed by the LIC fraternity & workmen for his immense contribution to the organisation and particularly to the Delhi LIFE units as a Coordinator of the Divisional Offices.

He outlined the entire history of the NIT, CGIT, High Court and Supreme Court legal battles and brought to the knowledge of all present how LIFE, All india & Delhi Units had relentlessly fought for the workmen. He also answered with great patience to all the queries which were raised by the claimants present.

His entire speech has been recorded and shall be put on you tube channel of LUCKNOW LIFE for every one to benefit.

JAIN SIR IN KOLKATA MEETING WITH SHRI MANOHAR VEIGAS
A SECTION OF THE AUDIENCE AT KOLKATA

The meeting at Kolkata being addressed by the LIFE office bearers.

Short­listing of candidates with regard to CGIT case.

This is further to the guidelines given by the Central Office to Zonal Offices with regard to short­listing of candidates having worked up to 04.03.1991. It is now understood that Zonal Offices have directed the respective Divisional Offices under their jurisdiction to collect all the
data & lists received from Central Office. Further, they have been asked to sort out the data/lists and short­list the candidates in accordance with the guidelines stipulated by the
Central Office. 
All Units are expected to be in touch with their respective Divisional Offices and give the list of our candidates in advance to P&IR Department/DO, which we had provided earlier while admitting the case in the Supreme Court i.e. candidates having worked as at
04.03.1991. At the same time, all Units should bear in mind that the conditions & guidelines laid down by the Central Office is not in the true spirit of the Supreme Court Judgment dated
09.08.2016. Hence, All India Life upholds the Contempt Petition filed and the same is expected to come up for hearing during July 2017, after the Supreme Court re­opens on
03.07.2017.
Meanwhile, All India Life would be submitting a supplementary list of candidates in the Supreme Court, who have genuinely worked/working temporarily in LIC up to 09.08.2016, but
were not petitioners in the case. This was also informed to the C.O. Management during the discussion held by our Delegation on 25
th instant.

Thanking You

CGIT-PROCESS FOR DIVISIONAL OFFICES (UPDATE BY AILIEA GENERAL SECRETARY-MANOHAR VEIGAS)

AIL 232017
Cir. No.23/2017 30.05.2017

To: All Zonal/Divisional Units:

Dear Friends,
Sub: Short-listing of candidates with regard to CGIT case.
This is further to the guidelines given by the Central Office to Zonal Offices with regard to short-listing of candidates having worked up to 04.03.1991. It is now understood that Zonal Offices have directed the respective Divisional Offices under their jurisdiction to collect all the data & lists received from Central Office. Further, they have been asked to sort out the data/lists and short-list the candidates in accordance with the guidelines stipulated by the Central Office.

All Units are expected to be in touch with their respective Divisional Offices and give the list of our candidates in advance to P&IR Department/DO, which we had provided earlier while admitting the case in the Supreme Court i.e. candidates having worked as at 04.03.1991. At the same time, all Units should bear in mind that the conditions & guidelines laid down by the Central Office is not in the true spirit of the Supreme Court Judgment dated 09.08.2016. Hence, All India Life upholds the Contempt Petition filed and the same is expected to come up for hearing during July 2017, after the Supreme Court re-opens on 03.07.2017.

Meanwhile, All India Life would be submitting a supplementary list of candidates in the Supreme Court, who have genuinely worked/working temporarily in LIC up to 09.08.2016, but were not petitioners in the case. This was also informed to the C.O. Management during the discussion held by our Delegation on 25th instant.

Thanking you.
Sd/-
Manohar Veigas,
General Secretary, AILIEA.