ALL INDIA INSURANCE PENSIONERS ASSOCIATION
6th All India Conference – Kanpur
October 14-16, 2014
NOTE ON COURT CASES
All India Insurance Pensioners Association (AIIPA)
has been at pains ever since the earlier favourable inclination of the
Central Government for positive decision on full neutralization on
Dearness Relief for pre-August 1997 Pensioners and increased ex-gratia
for pre-1986 retirees along with wage revision due August 2007 got
stuck in the web of officialdom and the hardened attitude of the
Government, to impress upon the Management of LIC to initiate
measures to get its Board Resolution of November 2001, implemented
without any further delay and not to get bogged down in court cases.
However LIC has been repeatedly engrossing itself in judicial proceedings.
LIC had filed separate SLPs in relation to the judgements of Hon’ble High Courts of Jaipur, New Delhi and Chandigarh and these SLPs have been converted as Civil Appeals and are pending adjudication in Supreme Court.
The Management of LIC has not been proactive in pursuing the issues with the Government and though AIIPA has repeatedly sent letters to LIC on this score and had during meetings with LIC officials stressed on this, LIC was going its own way. Though AIIPA had continued with its endeavours, LIC presumably at the instance of the erstwhile Central Government, had been reluctant. With the formation of the new Government, the Organisation has again urged upon LIC to take up afresh with the Government and had also written to the Finance Minister in this regard. With the stalemate continuing, AIIPA felt a proper perspective of the prevalent situation and the legal nuances of the litigation process should be focussed before the Conference as vested interests were trying to blow hot and cold on this issue.
The Note circulated during the Fifth Conference of AIIPA held in October 2011, our Circular on Agenda Note and LIC Board Resolution of November 2001 after the Nagpur Central Committee Meeting in July 2012, our Circular issued in April 2013, tracing the developments and putting things in proper perspective were meant to keep the pensioners abreast. The Circular of July 2012 on Agenda Note clearly explained that LIC Board Resolution only meant full neutralization and not updation. The April 2013 circular clearly pointed out how the Hon’ble Supreme Court initially restricted the scope of deposit to the petitioners as against the demand for all pensioners and how the Hon’ble Supreme Court ordered that no further directions to LIC were necessary in the matter of deposit of amount when deposit for updation of pension was sought.
As had been said earlier, numerous IAs were filed that had ostensibly delayed the hearing of the main petition. However with the Apex Court deciding against any fresh order on the amount of deposit to be made by LIC, stage was set and later the LIC’s SLPs were dismissed. Pensioners would recall, there were jubilant messages all across, when LIC’s SLPs were dismissed. Again, when the order dismissing LIC’s petition but allowing LIC to file fresh SLPs was out, there were messages stating fresh SLPs were bound to be not entertained as time barred!
When SLP against the Judgment of Punjab and Haryana High Court getting converted into Civil Appeal and with the fresh SLPs against the Order of the Division Bench of Hon’ble Jaipur High Court and the one against judgement of Delhi High Court becoming Civil Appeals and tagged together, the Organisation feels a thorough retrospect is necessary at this juncture.
The Civil Contempt Petition that got stayed when the earlier SLPs were pending got revived after dismissal of earlier SLPs and the present incumbents in LIC were added as fresh condemners and it had reached a crucial stage. When the revived Contempt Petition was taken up on October 22, 2013, there were reports agog that the Hon’ble Jaipur High Court had ordered LIC to report compliance of the judgment dated January 12, 2010, and one could witness euphoria across the country and there were encomiums showered for the “success achieved”. However the Hon’ble Judge had only granted time for filing of reply by LIC!
After postponements, LIC had filed its counter and the contentions ARE THAT the Order of Hon’ble High Court remained unenforceable due to the pendency of Civil Appeal in Supreme Court and as orders of Jaipur High Court and Supreme Court have been complied with by LIC, there can be no contempt.
During the hearing in last week of January 2014, after hearing the counsels, the Hon’ble Court advised LIC to furnish details of amounts deposited and to state whether the deposits were in consonance of the LIC Board Resolution or not, the details of action, if any, taken for implementation etc.
Contesting the stand of LIC, the petitioner wanted and was granted to file another affidavit which he did. The matter came up for hearing on February 2014 and at the end, the Hon’ble Court opined no contempt was involved and the petitioner was allowed to withdraw the Contempt Petition. With this, the issue again rests with the Apex Court for its verdict.
LIC had submitted details of amounts deposited with details of amounts in respect of petitioners, specifically stating that this had been done in consonance of the Board Resolution.
However, fresh writs have been filed in Jaipur High Court instead of seeking clarifications to implement the Order of the Single Judge Bench of 12th January 2010.
Even after Contempt Petition was withdrawn in Jaipur High Court, a similar petition came up in Punjab & Haryana High Court, and LIC was asked to deposit money and it has done so. There are even now messages circulated that LIC’s deposits are not proper and deposits should include for updation.
An application for implementation of Hon’ble Delhi Court Order to grant of full neutralization to pre-August 1997 pensioners came up before the Supreme Court and LIC has been advised to file its objections and is to be heard in the Supreme Court.
Pointing out the facts of the case and the ethical standards, AIIPA had told LIC its objections could only be technical and had urged upon the management to find solutions even before the matter again comes up.
Salient Features of the Affidavit filed by LIC
in Supreme Court in SLP 29956-57
(To be continued)
(To be continued)