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Judgment
Heard Mr. Vijay Shankar Prasad, the learned counsel appearing for the petitioner and Mr. Sachin Kumar, the learned counsel appearing for the respondent-Corporation.
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.
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 submits that the date of appointment of the petitioners are disclosed in the paragraph no.6 to the writ petition. He 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 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 daily wages employees matter has been considered by the Orissa High Court in W.P.(C) No.6076 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. He further submits that the petitioners have also filed representation before the respondent-LIC but no decision has been taken as yet.
Mr. Sachin Kumar, the learned counsel appearing for the respondent-LIC fairly submits that if the petitioners will file 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 that the matter has not been decided as yet by the respondent-LIC with regard to the petitioners, it is desirable that at the first instance it should be decided by the respondent-LIC.
Accordingly, the writ petition is being disposed of with a direction to the petitioners to file fresh 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 8 weeks thereafter.
With the aforesaid observation and direction, the instant writ petition [W.P.(S) No.919 of 2020] stands disposed of.