Latest SC verdict no.6950/2009 on terminated full time LIC emp assoc.

810 votes

It is always been enquired from all sorts of people who are working on contractual basis at some government institutions or organizations that what could be the way of their regularization of job or will contesting a case for that will help or does any recent judgment passed from the Hon'ble Supreme Court of India makes any way for the same?
But to Everyone's disappointment the answer would be always no. Reason being the very basic purpose of appointments at contract basis is of not regularizing the job. They specifically mentions in their advertisement itself that they are not going to make this job a permanent one.
One goes after these jobs after reading the terms and conditions of job. Even if he/she stays their for a decade or so the terms and conditions of the job is not going to change.
So is the case with you.

Advocate Pulkit Prakash LawRato

699 votes

The benefits of the judgment can not be shailee automatically. The CGIT order is applicable to existing petitioner.
You will have to file a suit before LC CGIT to claim benefits of the same
All the best

Advocate Wg Cdr Mohammed Mujeeb (Retd) LawRato

582 votes

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.
The 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 admissible leave at par with corporation employees. It was also directed in the appointment order as usually done in case of regular appointments that the candidates 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 the candidates were appointed in regular ( i.e. permanent ) posts and performed perennial nature of work. Therefore depriving absorption opportunities to 44 days worked candidates only on the ground that they do not have qualified period of service ( i.e. 85 days ) is not fair and is i illegal and anti labour practice. you have to therefore fight for your right before Court of Law.

Advocate Harish Chandra Yati LawRato