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Whether employee is eligible for permanent job if no pl and cl taken


19-Sep-2023 (In Labour & Service Law)
hello sir, i was worked in lic at 1998 and 1999 as a temp assistant that time i work about 80 days in above 2 yrs.and i was not taken a pl and cl leave of during this period.& I hearing SC judgment who employee working 85 days in lic they are eligible for permanent job and get benefit in lic as a assistant, So sir Kindly give a information , I am eligible or not ?
Answers (2)

Answer #1
969 votes
You are not eligible for the permanent job in LIC. This question has been put forth over this forum previously also to my knowledge 5 time before as well.
Everytime it has been answered in negative but this question keeps on coming to this forum again and again. Law is well settled that those who are on contract will remain on contract and their job will never be regularized. The selection and recruitment criteria for both the categories are different, their advertisements clearly says so under what category they are calling the application and in fact the advertisement also clarifies that in no circumstances a temporary or contract based employee will be converted into full time employee.
Please try and understand the judgment you are referring is different and your case is different.
Answer #2
563 votes
The Life Insurance Corporation of India appointed several candidates on temporary basis from 1982 and when the candidates worked on temporary basis up to 1985 in class III service claimed for absorption , corporation rejected their claim. The candidates thus filed the matter before NIT and NIT directed corporation to absorb them in permanent posts. Then the corpn. with the compromise of 8 unions framed a scheme fixing 85days minimum service to class III employees for absorption and obtained Supreme Court's approval. The Hon'ble Supreme court while approving the scheme of LIC clearly stated that this compromise is binding only on the present candidates ( who worked during 1982- 1985 ) and the 8 unions who entered into compromise with LIC with out prejudice to the rights and contentions of another union who did not enter into such compromise. Supreme Court in its' further orders also clarified that this scheme is not binding on the candidates appointed after 1985.
LIC while absorbing the candidates appointed upto 1985, later i.e. after 1991 purposefully stopped giving 2nd term appointment to subsequent candidates and as a result the candidates who were appointed after 1991 could work only one term i.e. 44 days. This fact of giving only one term appointment to subsequent candidates was not brought to the notice of CGIT in ID No. 27/91 and therefore CGIT fixed 85 days as qualifying service for absorption. Now LIC through its' notification dt: 21-7-2015 called for applications from candidates who worked on temporary basis in various branches of LIC for a period of 85 days in class III service ignoring the future of the candidates who could work only for 44 days for the reason best known to LIC only. The unions which supported the earlier candidates in every stage i.e. right from IDs till the present supreme court order are silent in of candidates who could work only for 44 days leaving their fate to god.
However, as far as your case is concerned , you have worked for 80 days but for more than 44 days. You can take up the matter by filing a proper representation with the LIC. However you are advised to take help of a good lawyer.

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