Saturday, May 09, 2015
1. I observed that the Courts in the SC have more than 50 to 60 cases for hearing in a single working day. And hence they rush through the proceedings in their anxiety to take up maximum cases fixed for that Day, leaving very little time for each case.
2. Our case being a Part-heard Final Hearing Case demands more time for submitting the full details of Cases not by a single but by 3 Rspondents Counsels. For this it appears that the Court was not inclined for reasons stated in 1 above. This has resulted in our Counsels getting very little time - to be exact - only 13 minutes.
3. In this short time all our counsels rushed and tried to talk lacking clarity of the details of the cases to the learned Judges. This led to the judge to say "stay vacated" as if the Respondent Counsels are demanding for the same, whereas there was no stay at all in the cases.
4. LIC Counsel informed the court that they had already deposited the "amount" due to the Respondent Employees (pensioners). Taking it for granted the court has ordered release 20% of the amount deposited by the LIC into the HCs as an interim relief to the Respondent Employees (which means here Pensioners).
5. The Counsels could not explain to the Court HOW the "amount due" is expected to be calculated and what forms the Components, which according to the pensioners are the twin benefits of 100% DA/DR and Pension Upgradation for every wage revision for serving employees. This being a moot question between the litigants, and our counsels could not explain to the court the "nuances", LIC stands in ADVANTAGE position having successfully misled the court that they had already deposited the "amounts" due to the Respondents by remitting a pittance in the HC. I wish the court should ask LIC "is it for denying this pittance that you are spending several lakhs of policyholders money over decade and half?"
6. Unless our Counsels approach the court again for clarification of their orders by successfully explaining the Correct Components of the "amounts due" there will be no use of the much awaited and late received Court Order.
7. " In rem " application of the benefit flowing of court order be expexted only when the Final Judgement is given by the SC in our cases. Till then the interim order will be between the respondent employees(pensioners) and LIC only and not for all pensioners.
J.M. ABOOBUCKER. LEAMINGTON SPA (U.K)
