Tag: NIT

            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.
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MANOHAR VEIGAS
ALL INDIA GENERAL SECRETARY
ALL INDIA LIFE INSURANCE EMPLOYEES ASSOCIATION.