Manish Pandya
Asked February 04, 2017

Permanent employee for LIC

  • 1 Answer
  • 697 Views

I was continuously working for 120 days in year 1995 as Temporary Account Assistant in LIC of India. Request to you please confirm that can I  be eligible for parmenant employee of LIC as per Supreme court judgement. And also share what kind of step to receive the benefit. Thanks,

Answer 1

Dear sir/madam,

It gives me immense pain to inform you that the Hon’ble Supreme Court being talked about only refers to the cases falling in between 1982-1985 and unfortunately your time period does not fall under the same category.

Thereby, I am also mentioning, the name of the 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.

Also, you need to go through the contract that you might have signed while joining the post at LIC of India. The contract definitely would have mentioned the true nature of the job (permanent/temporary) and also the future aspects of it. Having signed so, makes it binding on both the parties. As far as the judgements are concerned, they talk about their limitation and restriction to only the parties at hand and not applicable to the others as a general rule.

There have been certain judgments in and around the matter of concern but not pertaining specifically to your situation. But nevertheless, you can go through the judgements once – to give you a better idea of the situation justifying your claim to make your job permanent. They are as follows :-

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

On the other hand, Judgements like 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”[1]

 

 

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

 

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