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Worked 85 days in LIC as temporary employee is SC judgement applicable
02-Sep-2023 (In Labour & Service Law)
Sir i worked in LIC as temporary assistant for 85 days from june 91 to sept 91. i want to know that as per supreme court judgement i am eligigle to get permanent post or not. some people are telling that supreme court order mentioned date to absorb who worked up to 4.3.1991
need further and more details for your query.....
case no.6956/2009, 6950/2009,
and 6954/2009 the SupremeCourt directed LIC OF INDIA to absorb all workmen (Those workmen who have worked for 85 days or more as an assistant and 70 days or more as sub Staff brtwern the period of 20th May 1985 to 18 th June 2001) and regularise their services with regular serice benefit with pay scale and retirement benefit.
-The Life Insurance Corporation of India appointed several candidates on temporary basis from 1982 and when the candidates worked on temporary basis upto 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 purposfully 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.
44 days worked candidates were also appointed like earlier candidates in permanent posts of LIC in time scale with basic pay together with usual allowances and admissable leave on par with corporation employees. It was also directed in the appointment order as usually done in case of regular appointments that they shall obey all such orders and instructions as may be given by the corporation from time to time. Thus as observed by Hon'ble Supreme Court they were appointed in regular ( i.e. permanent ) posts and performed perennial nature of work. Therefore depriving absorption oppurtunities to 44 days worked candidates stating we have no qualified period of service ( i.e. 85 days ) is not fair, illegal and anti labour practice we have to therefore fight for our right before Court of Law.
The Candidates who worked for 44 days in LIC after 1991 onwards are here by advised to come forward
case no.6956/2009, 6950/2009,
and 6954/2009 the SupremeCourt directed LIC OF INDIA to absorb all workmen (Those workmen who have worked for 85 days or more as an assistant and 70 days or more as sub Staff brtwern the period of 20th May 1985 to 18 th June 2001) and regularise their services with regular serice benefit with pay scale and retirement benefit.
-The Life Insurance Corporation of India appointed several candidates on temporary basis from 1982 and when the candidates worked on temporary basis upto 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 purposfully 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.
44 days worked candidates were also appointed like earlier candidates in permanent posts of LIC in time scale with basic pay together with usual allowances and admissable leave on par with corporation employees. It was also directed in the appointment order as usually done in case of regular appointments that they shall obey all such orders and instructions as may be given by the corporation from time to time. Thus as observed by Hon'ble Supreme Court they were appointed in regular ( i.e. permanent ) posts and performed perennial nature of work. Therefore depriving absorption oppurtunities to 44 days worked candidates stating we have no qualified period of service ( i.e. 85 days ) is not fair, illegal and anti labour practice we have to therefore fight for our right before Court of Law.
The Candidates who worked for 44 days in LIC after 1991 onwards are here by advised to come forward
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What is the Judgement of LIC temporary employees?
The Supreme Court ruled that LIC, as a public employer, cannot be required to absorb 11,780 temporary employees without a recruitment procedure. Such absorption would negate the principle of equality and fairness of public employment. 29-Apr-2022
What is the Supreme Court verdict on temporary employees?
Union of India V. Ilmo Dev (7 October 2021), The Supreme Court reiterated that a casual or temporary worker in an institution run by the State cannot demand parity with regular employees of the establishment. 20-Dec-2021
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