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Wednesday, March 12, 2014

ABSORPTION OF TEMPORARY EMPLOYEES IN TAMILNADU


SUPREME COURT DIRECTS "LIC to explore the possibility of framing a scheme so that those already covered by the Industrial award (those who are covered by the award, whether working or not), so as to absorb them in service. LIC to also examine whether these persons may be exempted from writing this test also." This is an order issued by Supreme Court in the petition filed by Tamilnadu Termd.Full Time LIC Employees Association v/s. LIC of India & ors. 

(We do not have more details of the case. The SC order is published for the general information of the readers. -Ed.)

ITEM NO.104 COURT NO.7 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL NO(s). 6950 OF 2009
T.NADU TERMD.FULL TIME TEM.LIC EMP.ASSN. Appellant (s)
VERSUS
LIFE INSURANCE CORP.OF INDIA & ORS. Respondent(s)
(With appln(s) for directions and office report)
WITH Civil Appeal NO. 2268 of 2011 (With prayer for interim relief and office report)
Civil Appeal NO. 2571 of 2013
Civil Appeal NO. 4629 of 2011 (With prayer for interim relief and office report)
Civil Appeal NO. 6367-6368 of 2010
Civil Appeal NO. 6951 of 2009 (With appln(s) for directions and office report)
Civil Appeal NO. 6952 of 2009 (With appln(s) for stay and early hearing and directions and office report)
Civil Appeal NO. 6953 of 2009
Civil Appeal NO. 6954 of 2009
Civil Appeal NO. 6956 of 2009 (With appln(s) for directions and office report)
SLP(C) NO. 8748 of 2011 (With prayer for interim relief and office report)
Date: 05/02/2014 These Appeals were called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN 
HON'BLE MR. JUSTICE VIKRAMAJIT SEN

For Appellant(s)
Mr. M. N. Krishnamani, Sr. Adv. Mr. M.A.Chinnasamy,Adv. Mr. S. Muttukishnan, Adv.

Mr. Ashok Panigrahi, Adv. Mr. B.K. Pal, Adv. Ms. Asha Jain Madan, Adv.
Mr. Pramod Swarup, Sr. Adv. Mr. R. P. Bhat, Sr. Adv. Mrs. Anjani Aiyagari, Adv.
Mr. V.N. Raghupathy, Adv.
Mr. Ashok K. Srivastava, Sr. Adv. Mr. Atul Bandhu, Adv. Mr. Varun Kumar, Adv. Mr. Bankey Bihari Sharma, Adv.
Dr. J. N. Dubey, Sr. Adv. Mr. Anurag Dubey, Adv. Mr. Anu Sawhney, Adv. Mr. Rajesh Pandey, Adv. Mr. Meenesh Dubey, Adv. Mr. S.R. Setia, Adv.
Ms. Kawaljit Kochar, Adv. Ms. Kusum Chaudhary, Adv.
For Respondent(s)
Mr. Ashok Panigrahi,Adv. Mr. Santosh Kumar, Adv. Ms. Ashmi Mohan, Adv. Mr. Dushyant Arora, Adv.
Mr. S. Nandakumar, Adv. Mr. Parivesh Singh, Adv. Mr. P. Dhayanand, Adv. Mr. Manoj Pandey, Adv.
Mr. A.V. Rangam, Adv. Mr. M. Vijaya Bhaskar, Adv.

UPON hearing counsel the Court made the following O R D E R
SLP(C) NO. 8748/ 2011, C.A. Nos. 2268/2011, 2571/2013 & 4629/2011

Heard counsel on either side. It is the common case of the parties that the petitioners / appellants have put in more than 10 years of continuing service. On the basis of the decision of this Court in Secretary, State of Karnataka v. Uma Devi (3) & others reported in (2006) 4 SCC 1, paragraph 53, the Management should have examined the claim of the petitioners/ appellants for regularization as one-time measure. This exercise, it is stated, has not been done. We direct the respondent to do that exercise within eight weeks. C.A. Nos. 6950/2009, 6951/2009, 6956/2009, 6953/2009, 6954/2009, 6952/2009, 6367-6368/2010.

After hearing the counsel at length, we are inclined to give directions to the LIC to explore the possibility of framing a scheme so that those already covered by the Industrial award (those who are covered by the award, whether working or not), so as to absorb them in service. LIC to also examine whether these persons may be exempted from writing this test also. List all the appeals on 16.04.2014, as part-heard.

[Narendra Prasad] Court Master [Nidhi Ahuja] Court Master [Sharda Kapoor] Court Master