Madras High Court
K. Subramanian vs Life Insurance Corporation Of ... on 29 April, 2022
W.P. No. 30827 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 30827 of 2019
and
W.M.P. Nos. 30903 and 30904 of 2019
and
W.M.P. No. 13282 of 2020
1. K. Subramanian
2. S. Thulasidoss
3. Terminated Full Time Temporary LIC
Employees Welfare Association,
(Regn. No. 39/90), Rep.by its State Secretary,
Mr. T. Mohanaraj, B.Com.,
Periya Thellore Village & Post,
Ussoor (Via),
Vellore – 632 105. … Petitioner
-vs-
1. Life Insurance Corporation of India,
Rep.by its Executive Director (Personnel),
Life Insurance Corporation of India,
Central Office,
Mumbai – 400 021.
2. Life Insurance Corporation of India,
Rep.by its Zonal Manager,
Life Insurance Corporation of India,
Zonal Office,
152, Anna Salai,
Chennai – 600 002. ... Respondents
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W.P. No. 30827 of 2019
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Certiorarified Mandamus, to quash the online
notification dated 17.09.2019, and direct the Respondents to give appointment
to the Petitioners as per the Hon'ble Apex Court judgment reported in (2015) 9
SCC 62 with all the monetary benefits.
For Petitioners : Mr. R.Singaravelan, Senior Counsel for
Ms. Rajamani
For Respondents : Mr. C.K.Chandrasekar
ORDER
Heard Mr. R.Singaravelan, Learned Senior Counsel for the Petitioners
and Mr. C.K.Chandrasekar, Learned Counsel appearing for the Respondents
and perused the materials placed on record, apart from the pleadings of the
parties.
2. The Petitioners have challenged the advertisement dated 17.09.2019
published by the Respondents inviting application for the posts of Assistants
contending that the same is in contravention of the decision of the Hon'ble
Supreme Court of India in Tamil Nadu Terminated Full Time Temporary LIC
Employees Association -vs- Life Insurance Corporation of India and others
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W.P. No. 30827 of 2019
[(2015) 9 SCC 62] in terms of which the Petitioners are entitled to be appointed
to those posts with all monetary benefits.
3. It has been brought to notice by Learned Counsel for both sides that a
Larger Bench of the Hon'ble Supreme Court of India in Ranbir Singh -vs- SK
Roy, Life Insurance Corporation of India (Order dated 27.04.2022 in
Miscellaneous Application No. 1150 of 2019 in Contempt Petition (Civil)
No. 1921 of 2017 in Civil Appeal No. 6950 of 2009) has considered the
divergent views expressed in the earlier decisions and has passed the following
order:-
“74. The position as it now stands, results in a palpable conflict
between the two judge Bench decision in TN Terminated
Employees Association (supra) dated 18 March 2015 on the one
hand and the earlier binding decision of a larger Bench in E
Prabavathy (supra) on 23 October 1992 and of subsequent
Benches. This conflict must be harmonised by taking recourse to
the jurisdiction of this Court under Article 142 of the Constitution.
In arriving at a conclusion, this Court finds that:
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W.P. No. 30827 of 2019
(i) The remit of the CGIT which resulted in the Dogra Report was
confined to the process of verification, as distinct from an
adjudication of rights and liabilities;
(ii) The Dogra Report is flawed because:
(a) The report failed to carry out an accurate verification of
only those Class III workers who had put in at least 85 days
of work in a period of two years and Class IV workers who
had put in 70 days of work in a period of three years;
(b) The lists which are appended to the report contain patent
inconsistencies and errors as a consequence of a failure to
carry out an adequate verification; and
(c) The report accepted the claims for absorption of those
workers who were specifically governed by the decision of
this Court in E Prabavathy (supra), in spite of an express
stipulation to the contrary in the order of this Court dated
23 October 1992 as well as in paragraph 75 of the
Srivastav Award;
(iii) A public employer such as LIC cannot be directed to carry out
a mass absorption of over 11,000 workers on such flawed
premises without following a recruitment process which is
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W.P. No. 30827 of 2019
consistent with the principles of equality of opportunity
governed by Articles 14 and 16 of the Constitution. Such an
absorption would provide the very back-door entry, which
negates the principle of equal opportunity and fairness in
public employment, which has been specifically decried by
this Court in Secretary, State of Karnataka v. Umadevi.
75. The dispute is now of an antiquity tracing back to nearly
four decades. Finality has to be wrung down on the dispute to
avoid uncertainty and more litigation. Nearly thirty-one years
have elapsed since 1991. We have come to the conclusion that the
claims of those workers who are duly found upon verification to
meet the threshold conditions of eligibility should be resolved by
the award of monetary compensation in lieu of absorption, and in
full and final settlement of all claims and demands. Thus, this
Court directs the following:
(i) A fresh verification of the claims of workers who claim to
have been employed for at least 70 days in Class IV posts
over a period of three years or 85 days in Class III posts
over a period of two years shall be carried out;
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W.P. No. 30827 of 2019
(ii) The verification shall be confined to persons who were
working between 20 May 1985 and 4 March 1991;
(iii) All persons who are found to be eligible on the above norm
shall be entitled to compensation computed at the rate of Rs
50,000 for every year of service or part thereof. The
payment of compensation at the above rate shall be in lieu
of reinstatement, and in full and final settlement of all
claims and demands of the workers in lieu of regularisation
or absorption and notwithstanding the directions issued by
this Court in TN Terminated Employees Association
(supra);
(iv) In carrying out the process of verification, the Committee
appointed by this Court shall not be confined to the certified
list before the CGIT and shall consider the claims of all
workers who were engaged between 20 May 1985 and 4
March 1991;
(v) For the purpose of verification, LIC shall make available all
the records at the Divisional level to the Committee
appointed by this Court;
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W.P. No. 30827 of 2019
(vi) It will be open to the workers concerned or, as the case may
be, the Unions and Associations representing them, to make
available such documentary material in their possession for
the purpose of verification;
(vii) The process of verification shall be carried out
independently without regard to the Dogra Report, which is
held to be flawed;
(viii) The payment of compensation in lieu of reinstatement shall
be effected by LIC within a period of three months from the
date of receipt of the report of verification by the
Committee; and
(ix) The task of verification shall be carried out by a Committee
consisting of:
(a) Mr Justice P K S Baghel, former Judge of the Allahabad
High Court; and
(b) Shri Rajiv Sharma, former District Judge and member of
the UPHJS.
LIC shall provide all logistical assistance to the Committee and
bear all expenses, including secretarial expenses, travel and
incidental expenses, as well as the fees payable to the members
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W.P. No. 30827 of 2019
of the Committee. Justice P K S Baghel shall fix the terms of
remuneration payable to the members of the Committee.”
In view of the same, it is accepted by Learned Counsel for both sides that the
parties would be governed by the said binding ruling which now holds the field.
In the result, the Writ Petition is disposed in terms of the decision of the
Hon'ble Supreme Court of India in Ranbir Singh -vs- SK Roy, Life Insurance
Corporation of India (Order dated 27.04.2022 in Miscellaneous Application
No. 1150 of 2019 in Contempt Petition (Civil) No. 1921 of 2017 in Civil
Appeal No. 6950 of 2009). Consequently, the connected Miscellaneous
Petitions are closed. No costs.
29.04.2022
kv/gd
Index: Yes/No
Note: Issue order copy by 01.06.2022.
To
1. The Executive Director (Personnel),
Life Insurance Corporation of India,
Life Insurance Corporation of India,
Central Office,
Mumbai – 400 021.
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W.P. No. 30827 of 2019
2. The Zonal Manager,
Life Insurance Corporation of India,
Life Insurance Corporation of India,
Zonal Office,
152, Anna Salai,
Chennai – 600 002.
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W.P. No. 30827 of 2019
P.D. AUDIKESAVALU, J.
kv/gd
W.P. No. 30827 of 2019
29.04.2022
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