A versatile and painstaking analysis of the ongoing court cases,
the probabilities and possibilities likely to emerge in the course of arguments
likely to ensue when the SC bench sits on 12 TH AUGUST coming from
Sreenivasa Murty deserves
attention and not to be brushed aside. There are a few points which Murty raised and they are worth examining :-- 1.Under some pretext or other LIC would ask for adjournment as information what they sought has not been complied with. Should such a situation emerge the advocates on our side should use all their ‘court craft’ to scuttle such move and in this a collective thinking and the strategy to be adopted gets the priority.
- 2. Murty’s fear that SEC 48 of LIC Act which empowers the GOI to frame the pension rules would again be raised by the appellant/LIC and the interpretations made in lower courts needs adjudication by the apex Court as it involves substantial question of law. Should such a situation arise what shall be our common approach in defense ?
- 3.LIC may come with the plea that pension rules need to be amended and gezetted before compliance of the court order which would again put us to inconvenience. In this regard SEC 55 of LIC Act Should be brought to the attention of the Apex court. SEC 55 of LIC Act ( Power to issue instructions ) says : The Chairman of the Corporation may from time to time issue instructions as may be considered necessary or EXPEDIENT for implementation of these rules.
The physical meeting of all the stake holders and more especially the busy lawyers who are going to argue although desirable may not be possible due to several reasons and therefore it is desirable that the stake holders give the necessary brief to them.
I will shout from roof-top that justice is on Pensioners side and the unfortunate LIC not on their own volition fighting a losing case spending lakhs of Policy holder’s money but yet go scot-free.
R.K.Viswanathan