Dilip Kumar Das And Ors vs Chairman, LIC Of India, Central Office, 2nd Floor And Ors

Heard Mr. Vijay Shankar Prasad, learned counsel for the petitioners and Mr. Sachin Kumar, learned counsel for the respondent-LIC.

This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard on merit. I.A. No. 3616 of 2020 Learned counsel Mr. Vijay Shankar Prasad submits that he is not pressing this interlocutory application.

Accordingly, I.A. No. 3616 of 2020 stands dismissed as not pressed. W.P. (S) No. 1183 of 2020 The petitioners have preferred this writ petition for a direction upon the respondent-LIC to regularize the service of the petitioners.

Mr. Vijay Shankar Prasad, the learned counsel appearing for the petitioners submits that the petitioners are working with the respondent-LIC as daily wages employees for more than 10 years. He further submits that the date of appointment of the petitioners are disclosed in paragraph no.6 of the writ petition. He also submits that the petitioners are engaged in various Branch offices of the respondent-Corporation in the cadre of sub-staff/daily wages for a long duration since more than 10 years. He further submits that as per the statute of the Life Insurance Corporation of India Staff (Regulation) 1960, Life Insurance Corporation of India (Recruitment of Class-III and IV Employees) Regulation and Life Insurance Corporation of India (Temporary Employees Recruitment) Regulations 1993, the case of the petitioners needs to be considered by the respondent-LIC. He further submits that the case of other daily wages employees has been considered by the Orissa High Court in W.P.(C) No.6076 of 2020 and W.P. (C) No. 7271 of 2020, wherein, the interim order has been passed by the Orissa High Court. He further submits that the case of the petitioners are covered in view of 'Uma Devi' as well as 'Narendra Kumar Tiwari & Ors.' decided by the Hon'ble Supreme Court.

Mr. Sachin Kumar, the learned counsel appearing for the respondent-LIC fairly submits that if the petitioners will a fresh representation along with all the documents on which they are relying, the respondent-LIC will consider the case of the petitioners and will pass a reasoned order.

In view of the above facts and considering the submission of the learned counsel for the parties, the writ petition is being disposed of with a direction to the petitioners to file a representation along with all the documents which they are relying for their regularization within four weeks from today. If such representation is filed within the aforesaid period, the respondent-LIC shall consider the case of the petitioners in the light of the judgment rendered by the Hon'ble Supreme Court in 'Uma Devi' as well as 'Narendra Kumar Tiwari & Ors.' and will pass a reasoned order in accordance with law, preferably within a period of eight weeks thereafter.

With the aforesaid observations and directions, this writ petition stands disposed of.

Accordingly, I.A. No. 2996 of 2020 also stands disposed of.