Sunday, November 01, 2015
IR CREDITED OR NOT,THERE IS NON-COMPLIANCE OF SC ORDER DT 7/5/2015
I refer to the following portion of the circular of Mr G N Sridharan ,Gen.Secy of the Class I Federation published in the Nov-15 issue of Eastern News Magazine:
“Some of our members who have recd very small amounts have been naturally expressing their desire to know the details of calculations. We are led to conclude that LIC is taking full advantage of the order passed by Supreme court on 7/9/2015 in an IA filed in the appeals against the judgement of Pun & Haryana HC stating that that the court will not go into calculations.”
We need to bear in mind the context in which the SC Bench made those observations. When the LIC counsel tried to explain their non-compliance with the 7th May 2015 order for payment of IR to the Chandigarh petitioners by taking the pretext that that the calculations of the latter were wrong, the Bench responded that the Court was not concerned with the calculation facet. This should only be construed to mean that LIC was mandated to calculate whatever was the correct amount and pay to the Chandigarh petitioners as per the order of 7th May 2015.Here there is no scope for LIC to take advantage either to avoid payment or making any payment they liked without furnishing calculations to support the amounts credited to the respondent-pensioners’ bank accounts.
I wish to go one step further and state that without detailed calculations to support the credits made to the concerned pensioners’ bank accounts, the SC order remains uncomplied with. This is because, in the absence of supporting calculations, the recipients have no means of knowing what these amounts represent and if indeed they are towards the interim relief, whether they are the correct amounts credited in terms of the SC order dt 7/5/2015.
So, in my view, the Federation counsel should submit before the Apex Court on 18/11/2015 that LIC has failed to comply with their orders dt 7/5/2015 and 7/9/2015 notwithstanding amounts credited to the concerned pensioner-respondents.
C H Mahadevan