Sai Sekhar
Asked March 03, 2017

Eligibility as per SC's judgment

  • 1 Answer
  • 298 Views

I am working in LIC as a daily wage peon since 2009. But I had appointment letter, wage slip and attendance register from 04/2011 and am still working. Recently as per Supreme court judgement are we eligible or not? Please tell me as I am presently working in a temporary workers position.

Answer 1

Dear Sir/madam,

It is very unfortunate to inform you that no matter from what date you have been working in an organisation – private or public, your rightful claim over the post of that job legally accrues only at the point when you sign the agreement with that organisation in particular. Because from the date of your appointment letter only, your wage slip and the attendance register gets prepared in your name. And all these documentary proofs serve as evidence to claim your right under any court of law. Also, 04/2011 seems to be the date from when you get enrolled with LIC and starts existing on their payroll. Therefore, the effective date of your working 

New and Revised Rules of the Instructions regarding the employment status of the Temporary staff  i.e. Life Insurance Corporation of India (Employment of Temporary Staff) Instructions, 1993. The said rules also talk about the candidates recruited on a temporary basis falling in the category of Class III and Class IV.

There are certain judgements on regularising the post which were recruited earlier on a temporary basis, but they are all pertaining to the time frame of 1982 to 1985 specifically. However, we are listing down the judgment titles of the cases in reference to the issue that you are confused about :-

In RBI v. Gopinath Sharma[1], Hon’ble Supreme Court has set aside the direction of the High Court of regularising the services of a workman who was appointed on daily wages and was not working on regular basis.[2]

V. Muthukumarasamy And Ors. vs The Chairman, L.I.C., Zonal – an Hon’ble Madras High Court judgement of 2007

Terminated Full Time Temporary  vs Senior Divisional Manager again an Hon’ble Madras High Court judgement of 1992

Surinder Prasad Tiwari v. U.P. Rajya Krishi Utpadan Mandi Parishad clearly suggests “it would be improper for the courts to give directions for regularisation of services of the person who is working either as daily-wager, ad hoc employee, probationer, temporary or contractual employee, not appointed following the procedure laid down under Articles 14, 16 and 309 of the Constitution”[3]

We are also quoting the legislation on this point i.e. section 8 of the LIFE INSURANCE CORPORATION OF INDIA (STAFF) REGULATIONS, 1960 which goes on to suggest that the persons employed on temporary basis and falling in Classes III and IV are not guaranteed to the claim of absorption in the corporation.[4]

 

 

[1] (2006) 6 SCC 221 : 2006 SCC (L&S) 1298

[2] http://www.supremecourtcases.com/index2.php?option=com_content&itemid=1&do_pdf=1&id=22063

[3]http://www.supremecourtcases.com/index2.php?option=com_content&itemid=1&do_pdf=1&id=22063

[4] (1) Notwithstanding anything contained in these Regulations, a Managing Director, Executive Director (Personnel), a Zonal Manager or a Divisional Manager may employ staff in Classes III and IV on a temporary basis subject to such general or special directions as may be issued by the Chairman from time to time.

*(2) No person appointed under sub-regulation(1) shall only by reason of such appointment be entitled to absorption in the service of the Corporation or claim preference for recruitment to any post.

 

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