NATIONAL POLICY AS TO POWERS OF UNDERTAKINGS - AN ANSWER TO 'RIPPLE EFFECT' ARGUMENT

__________nithin_pb@yahoo.in__________

(  Shri Nithin puts forward AN IMPORTANT suggestion of the need for a directive being given by the Supreme Court  to the Central Government  to frame guidelines for the Government undertakings by which it should be possible for the Boards to take decisions conforming to such National Policy guidelines and implement the same without the interference of the Government. - Ed. )

That was a lengthy discourse.  Indeed a marvelous attempt on the part of Shri RB Kishore.  

He has taken real pains to approach the subject of pension payment disparities in LIC. Congratulations....

That it was a very lengthy one appeared to be a defect. Second, he failed to realise the audience before him. That appeared to be another defect from the angle of an ordinary pensioner. What business an ordinary pensioner has in this matter is also a question !

Once I addressed a meeting  in a Passport office for selling policies to staff members. I was impressed with the size of audience. Indeed a good gathering by any standard.So I continued my talk with added confidence. Employed all techniques at my command, which I had kept ready for sales 'talk'. I believe, that was a reasonable success also. 

But a shock awaited me here. When I finished the talk, I was startled to find, nobody stood up and disbursed. They continued to sit there. It was real embarrassment for me!  Yes, I was slowly but surely realizing that these "ladies and gentlemen" who sat before me listening to my able talk on the need for buying insurance policies were not staff members of the Passport Office to whom I wanted to sell policies. But they were those just waiting there with tokens in their hands for their turn for submission of  passport requirements!  Here I admit, I didn't know my audience.


Reading the lengthy discourse, I wondered whom Shri Kishore addressed to.   If he meant the ordinary pensioners, sorry, they have not understood the points.  It is something more than what these pensioners can bite and chew. Pensioners do not understand these details. They are just waiting in anticipation to receive their dues.

Next, If he meant the Supreme Court judges, I should say, the judges are not interested in knowing about what transpired in the High Courts or what Shri Rangarajan, Retd. Judge of AP HC or for that purpose, what Justice (Retd.) VR Krishna Iyer said about these issues. These are unnecessary quotes. This is the reason for my curiosity to know Shri Kishore's 'audience'. If he wanted to deliver goods to laymen, such quotes are alright.  For all other purposes, it doesn't serve any

purpose at all.  

Supreme Court will frame issues and arguments are normally confined to such approved issues only. And they will love to listen to decided Supreme Court cases and Constitutional interpretations. A Central Office Secretary may not be interested in quoting a Zonal Office secretary, instead the CO Secretary will try to arrive at a decision thinking that his knowledge and thinking are far more superior than the lesser mortals in Zonal Offices.

Please... you please understand
my points ?

Coming to the attitude of Government of India, an independent observer would feel that even if Shri RB Kishore is appointed the Finance Minister (replacing Shri Chidambaram), he (Shri Kishore) will be tempted to have a look at the national scene as part of his work. He will anticipate repercussions. That's the ripple effect.  And remember, Shri Yashwant Sinha who was associated with our Associations, did not concede any of our demands when he became Finance Minister in Bajpai's cabinet. That's the tragedy awaiting us when a union leader becomes a Minister...  So Shri Kishore won't be any different as FM.

And coming to Supreme Court judges, I would love to think that they have a fascination to look at things in terms of national policies, government's vested, sovereign powers to be kept intact and of course constitutional provisions, etc. When it suits them, they will say that they do not want to interfere as it is a policy matter for the government. Or they will say that what is given to LIC employees is a package and they do not wish to interfere.  They can even say that even assuming the Board has the  power TO GIVE, the Board has also the power to GIVE NOT. In other words, court can say that it is a management prerogative and as such they do not wish to interfere.

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But at the same time, I for one would be happy if the Supreme Court judges discover points from our arguments and ask the Government to have a look at the powers of the Government undertakings and allow these undertakings to function independently.  In such cases where the institution or institutions can treat the employees a little better, it should be done.  And the Government should not interfere.  

• There should be a NATIONAL POLICY  with regard to the powers and functioning of Government undertakings.  
• Whenever and wherever such undertakings do take a decision conforming to this policy/government's guidelines, the court can say, then the government should not interfere. Once the institution conforms to these guidelines, there won't emerge any situation for govt. interference or need for litigation as we see at present. Even if dispute arises, it will be whether or not the the undertaking concerned has transgressed the limits/guidelines or not.   Just like the CBI is being made an independent agency, it is time, the Court interferes to say that the so-called claim of autonomy of the government undertakings should be made a reality.  
• So what is immediately wanted is a SC directive to the Government to frame policy guidelines in this matter and implement the same, subject to Supreme Court approval. These guidelines should be framed within a period of say, 3 to 6 months. 
• And once these guidelines are framed and they find LIC Board decision conforms to the requirements of this Supreme Court approved guidelines, it should be implemented forthwith. 
• No confusion.  
• Time delay is obviated.  
• Pensioners get their dues if they are eligible. 
• That will bring forth an end to this grueling vacuum.
• And without framing any policy guidelines and also without examining LIC Board's powers, it is unfair on the part of government to shout "ripple effect", "ripple effect". SC should be requested to make LIC function independently with broad policy guidelines.  If is good for business, good for institution and good for the country.

My lords, these are broadly my submissions.

*  

Pensioners must have a fair deal. 

I only agree with Shri RB Kishore. 
His approach is purely legal.  
But my attempt is to look at things from a different angle. 

( nithin_pb@yahoo.in )

 P.S.  The Editor had  asked me to have a look at Shri Kishore's article. I believe, I did not read the article thoroughly but made comments about audience etc.  The real comments must come from enlightened gentlemen who have a legal background which I don't have. I hope, your Editor will forgive me and give assignments in future also!