regularization of temporary employees
As per the Hon Supreme Court modifed its earlier Judgment dated 09-08-2016 it has been informed that the employees who worked on a temporary basis with Life Insurance Corporation India has to be absorbed in the rolls of LIC. What is the current position and how will it be implemented?
The Supreme Court on August 9th 2016 directed petitioner- LIC to comply with the earlier judgment and order dated 18th March 2015 with some modifications in it. Para 14 of the judgment states that in case of non-compliance of the above order within the stipulated time i.e. 8 weeks of the receipt of the copy of the order, the parties will be at the liberty to file Contempt Petitions afresh.
On 9th August 2016 a bench of Honorable Apex Court modified its earlier judgment ordering the regularization of the temporary and badli workers of LIC. In the 2016 decision modified the order given by the Court in 2015 (Tamil Nadu Terminated Full Time Temporary LIC Employees Association v. S. K. Roy, the Chairman, Life Insurance Corporation of India & Anr. Contempt petition (c) no. 459 of 2015 in civil appeal no. 6950 of 2009 by relying on the order passed by Justice Jamdar dated 26/08/1988 reference no. NTB-1 of 1987 before the Industrial Tribunal at Bombay. As per the new 2016 order, the temporary and badli workers were entitled to complete back pay as well as absorption in permanent rolls. However keeping in mid the financial burden the Supreme Court in the August, 2016 decision awarded only 50% of the back wages with consequential benefits. The back wages were to be calculated on the basis of the gross salary of the workmen, applicable as on the date as per the periodical revisions of pay scale.
Unfortunately the facts and figures of exact current status of this process is not available in the public domain but LIC has taken some steps for absorption of these aggrieved temporary employees as per the order given by the Court way back in 2015 as is evident from the Circular released by LIC on https://www.licindia.in/getattachment/f931d05c-680f-4055-bf0e-6ac57a1135f4/Notice-for-implementation-of-CGIT-Award. In this Circular they have provided a format of Bio-Data that the temporary employees have to submit in order to get absorbed in permanent rolls of the LIC. The circular also mentioned the criteria for all the employees who were eligible for absorption in the permanent rolls of the corporation. Since the Court has not altered the basic decision of regularization therefore the process mentioned in this Circular will be implemented. More information on the actual implementation of the Court's order in 2015 and the new order in August, 2016 can be procured by filing a RTI to get the name of the employees who have been regularized and the amount of back wages paid to them.
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