Telangana High Court
G.Suguna, Secunderabad And 8 Others vs Chairman, Lic, Central Office, Mumbai ... on 21 October, 2024
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
WRIT PETITION No.23985 OF 2017
ORDER:
This writ petition is filed Court seeking the following relief:
"to issue an order, direction or Writ more
particularly one in the nature of Writ of Mandamus
or any other appropriate writ to (i) declare the
Circular No.ZO/MPPR/LGL/2017/165, dated
16.05.2017 communicated by the Executive
Director (Personnel) to the Zonal Offices restricting
the consideration for absorption only to those who
are petitioners before the Central Government
Industrial Tribunal or the names furnished by the
Associations before the Central Government
Industrial Tribunal as illegal and arbitrary; (ii)
declare that the petitioners herein are concerned
workmen in the award in I.D.No.27 of 1991, dated
18.06.2001 on the file of the Central Government
Industrial Tribunal, New Delhi and entitled for
absorption in terms of the said Award; (iii) direct
the respondents to absorb the petitioners on
consideration of 85 days/70 days as the case may
be with all consequential monetary benefits in
terms of the orders of the Hon'ble Supreme Court
dated 18.03.2015, 09.08.2016 and 22.02.2017 in
C.A.No.6950 of 2009 and batch and pass such
other order or orders as this Hon'ble Court may
deem fit and proper in the interest of justice.".
2. Heard Mr. Raghuveer, learned counsel representing
Mrs. Udaya Sri, learned counsel for petitioners and
Mr. K.G.Krishna Murthy, learned Senior Counsel representing
Mr. Bathula Raj Kiran, learned Standing Counsel for respondents.
3. Learned counsel for petitioners submits that petitioners are
eligible to be absorbed and a direction is being sought to
respondents to absorb the petitioners with all monetary benefits
in terms of the judgment, 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 and batch.
4. Learned Senior Counsel for respondents submits that the
Hon'ble Apex Court in Miscellaneous Application No.1150 of 2019
in Contempt Petition (Civil) No.1921 of 2017 in Civil Appeal
No.6950 of 2009 and batch, held as follows:
"The dispute is now of an antiquity tracing back
to nearly four decades. Finality has to be wrung
down on the disputes 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 of 85
days in Class III posts over a period of two years
shall be carried out;
(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 Employee 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;
(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 of the
Committee. Justice P K S Baghel shall fix the terms
of remuneration payable to the members of the
Committee."
5. Learned counsel for petitioners and respondents submitted
that petitioners' case(s) be considered in terms of judgment of the
Hon'ble Apex Court.
6. In view of the submissions made by learned counsel(s), this
Court is of the opinion that petitioner's case(s) be considered by
the respondent authorities in terms of the directions issued by the
Hon'ble Apex Court in Miscellaneous Application No.1150 of 2019
in Contempt Petition (Civil) No.1921 of 2017 in Civil Appeal
No.6950 of 2009 and batch.
7. Accordingly, this writ petition is disposed of. No order as to
costs.
Miscellaneous applications pending, if any, shall stand
closed.
___________________________
ANIL KUMAR JUKANTI, J
Date: 21.10.2024
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