Dilip Kumar Das vs Life Insurance Corporation of India

Pramath Patnaik, J.

Prayer has been made for direction upon the respondents to issue call letters and to consider the appointment of the petitioners in regular class IV

post in view of scheme dated 20.05.2011.

The facts, as narrated in the writ application, in brief is that petitioners are working as temporary class IV employees for 6-7 years (till date of filing

of the writ application) in the office of respondent no. 4. It has been averred that pursuant to order dated 18.01.2011 in Civil Appeal No. 953-968 of

2005 passed by Hon’ble Supreme Court, the respondents framed scheme dated 20.05.2011 for regular appointment of temporary employees who

have worked for five years or more in L.I.C of India as on 18.01.2011. It has further been averred that since the petitioners were working for more

than five years and were fulfilling all the eligibility criteria, they applied for appearing in the written examination but they did not receive any call letters

to appear in the said written examination. Aggrieved thereof, the petitioner represented before the respondents-authorities but it did not evoke

response; which compelled the petitioners to knock the doors of this Court for redressal of their grievances.

Heard Mr. N.K. Sahani, learned counsel for the petitioners and Mr. Sachin Kumar, learned counsel for the respondents-Corporation.

Learned counsel for the petitioners submitted that it is the respondents-Corporation who has issued ‘Proof of Temporary Employment

Certificate’ in favour of petitioners, as evident from Annexure 1 series’ to the writ application, for appointment on the post of Peon in

compliance of order passed by Hon’ble Apex Court. It has further been submitted that from the said certificate itself it is amply clear that the

petitioners worked for more than five years before the cut-off date, as required as per scheme. Learned counsel for the petitioners further submitted

that petitioners are working all along under the L.I.C of India directly and not through any contractors and they used to sign on the attendance register

of L.I.C office and not in any register issued by any Contractor and petitioners have no knowledge that payment of certain period has been made

through contractor only to deny the legitimate claim of the petitioners, accrued after order passed by Hon’ble Apex Court, the respondents have

come up with such plea that payment of certain period has been made through contractor. Referring to the decision rendered in the case of Tamil

Nadu Terminated Full Time Temporary LIC Employees Association Vs. Life Insurance Corporation of India & Ors as reported in 2015 AIR SCW

1906, learned counsel for the petitioners submitted that since the petitioners are working continuously on the post in question, they ought to be now

regularized/absorbed.

As against this, learned counsel for the respondents-corporation submitted that as a matter of fact, the petitioners are working through contractors

and are not being paid by the Life Insurance Corporation of India. It is true that scheme was framed in the light of judgment rendered by Hon’ble

Apex Court, but in the scheme it has clearly been mentioned that remuneration to such candidates during his temporary employment in LIC should

have been paid directly by the Corporation and not through any contractor; but in the case of petitioners they have been engaged through the

contractor and paid by the contractor; hence the case of the petitioners are not covered under the scheme framed by the Corporation.

From the pleadings available on record, it appears that matter of absorption of temporary/part-time employees working in various branches of Life

Insurance Corporation of India went up-to Hon’ble Apex Court in Civil Appeals No. 953-968 [Life Insurance Corporation of India Vs. Shri D.V.

Anil Kumar & Ors], which was disposed of vide order dated 18.01.2011, in which, a direction was issued to the Corporation that by way of one time

measure recruit all eligible temporary Class IV employees, who are working in L.I.C of India for more than 5 years as on 18.01.2011 and who had

possessed minimum eligible qualification at the relevant time of their entry into LIC of India, by holding a limited written examination. In compliance

thereto, the Corporation invited applications from the candidates, who satisfy the eligibility criteria as fixed by the corporation, which includes

“Remuneration to such candidates during his temporary employment in LIC should have been paid directly by the Corporation and not through any

contractorâ€. From perusal of Annexure 1 series (‘Proof Of Temporary Employment Certificate’), it appears that for certain period the

petitioners were paid through contractors and after excluding such period they could not complete five years services as required. It appears that

petitioners having full knowledge about the said eligibility criteria and having ‘Proof of Temporary Employment Certificate’, in their hand, did not

raise any objection before or after submission of application form for absorption on the post of Peon (Grade IV post).

Hence, no relief can be granted to the petitioners. Accordingly, the writ application being devoid of any merit is dismissed.

However, dismissal of the writ application will not come on the way of respondents for consideration of the case of the petitioners for

absorption/regularization as per the scheme, if any, in future, as the petitioners are stated to be continuously rendering their services with the

Corporation.

As a consequence of dismissal of writ application, I.A. No. 2526 of 2015 stands disposed of.