The grounds adduced by LIC in the SLPs
The grounds adduced by LIC in the SLPs are given in brief herein below:-
LIC stated in its affidavit that consideration of the scope and applicability of Section 48 of LIC Act has arisen in deciding whether the Board Resolution proposing amendments to the pension rules framed by the Central Government, be capable of being implemented without amendment of the rules.
LIC’s grounds of appeal are:
The Jaipur High Court erred in rejecting Review Petition on the ground there is no error apparent on the face of record as ground (submitted) before the High Court in support of Review Petition would indicate errors apparent on the face of records;
The High Court erred in ignoring the principle that when a particular thing has to be done in a particular way it can only be done in that way and in no other way;
The High Court further did not take into account the legal principle that the Court ought not to have compelled a party to do something which would not be permissible under law;
The High Court, in law, could not issue a mandamus directing the Petitioners to implement the Board Resolution without waiting for amendment of Pension Regulations;
The High Court, in law, could not treat Resolution by which government was approached into a self-operating decision and the Resolution cannot have the force of law in the absence of statutory amendments;
The High Court ought to have appreciated Petitioners, LIC cannot be placed in a position acting contrary to the law, which created the Life Insurance Corporation of India;
The High Court was in error in preferring oral submissions of the learned counsel for the Central Government, in preference to the express words of the statute;
The High Court erred in holding that there cannot be a cut off date for existing pensioners for providing benefits as such a finding is untenable and goes counter to the law framed by the Supreme Court;
It was contended on behalf of LIC, the High Court ought to have seen that by virtue of Statutory Rules framed by the Central Government, quantum of Dearness Relief depends upon the quantum of Pension computable on the basis of pay at the time of retirement;
The Agenda note and Resolution refer to rationalization of Dearness Relief that depends on quantum of pension and judgement dated 12-01-2010 is completely silent so far as the quantum of pension is concerned.
In simple terms, the contention of LIC is
(i) that service conditions can be changed only through Government notification and in no other way;
(ii) Court cannot direct LIC to implement its Board Resolution of November 2001, without Government notification, as it is not permissible under law;
(iii) LIC cannot be placed in a position, acting contrary to law, which created the Life Insurance Corporation of India, as Section (48) of LIC Act, vests the power to frame regulations on service conditions with the government.
LIC has contended further that:
(i) LIC Board Resolution and agenda note talked about quantum of pension on which modified rate of Dearness Relief was payable and Hon’ble Jaipur High Court Order had not dealt with this aspect but has only ordered on Dearness Relief.
(ii) LIC Board Resolution cannot have force of law without statutory amendments to Pension Rules.
(iii) Oral submissions by Government Counsel cannot over-ride the provisions of statute.
LIC wanted the Supreme Court to decide:
1. Whether Jaipur High Court was correct in holding Review Petition do not call for interference in Review Jurisdiction;
2. Whether Jaipur High Court was correct in holding there is no apparent error on the face of record;
3. Whether Jaipur High Court could have issued a writ of mandamus for implementation of a Resolution seeking Government’s exercise of its statutory powers before amendment of rules;
4. Whether High Court could have issued a writ of mandamus directing parties to do something which is not permitted by law; and
AIIPA has endeavoured to give a bird’s eye view of the issues involved but it must be thoroughly understood that the Organisation does not attempt to hold brief for the LIC management vis-à-vis the legal proceedings.
In order that pensioners are not misled by the not-so whispering campaigns, AIIPA feels our rank and file and especially our leadership at various levels should sift the details enumerated and repose faith in the Organisation.
14th October 2014.
(concluded)