---------- Forwarded message ----------
From: RAJESH KUMAR Singh <
rajeshsin...@gmail.com>
Date: Thu, 19 Dec 2013 09:24:33 +0530
Subject: Fwd: LIC CLASS IV
To: Tojo Np <
toj...@gmail.com>, Ritesh Srivastava
<
rites...@gmail.com>, amit singh <
amitsi...@gmail.com>
Subject: LIC CLASS IV
Calcutta High Court
L. I. C. India vs Union Of India Before on 8 May, 2013
Author: Ashoke Kumar Dasadhikari
ORDER SHEET
WP No. 2419 of 2002
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
L. I. C. INDIA
Versus
UNION OF INDIA
BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date : 8th May, 2013.
Appearance:
Mr. Soumya Majumder, Adv.
Mr. Sudeep Pal Chowdhury, Adv.
The Court :- The subject matter of controversy is for giving regular
appointment to the part time sweepers of LIC who have served the
Corporation for a long time. However, a settlement was entered into by and
between eight Unions of the Corporation as well as the Corporation itself.
Subsequently an award was passed by the Tribunal in favour of 29 workmen
for regularization. Life Insurance Corporation filed this writ petition
questioning the impugned award. Mr. Soumya Majumder submits that in view of
pendency of this litigation due process could not be started for giving
regular appointment to the part time sweepers as per the order of the
Hon'ble Apex Court as well as settlement. Mr. Majumder very fairly
submitted that as per the Hon'ble Apex Court order relaxation is to be
given to the workmen who continuously working as part time worker. Although
learned Counsel appearing for the workmen submitted his clients are
entitled to get regularized in regular vacancy. However, the LIC
authorities are required to comply with the order passed by the Hon'ble
Apex Court and follow the settlement arrived at and recorded before the
Hon'ble Supreme Court. The learned Counsel appearing for the award holders
submits that his clients are agreeable to accept the settlement, but the
Corporation should start the process of giving regular appointment without
any further delay. If the process is started they will not insist
implementation of the award under challenge. Therefore, on the basis of
argument of the parties this Court directs that the impugned award be
stayed permanently. Accordingly, the LIC authorities are directed to take
appropriate steps for selection and absorption of the part time regular
employees in regular vacancy gradually.
The LIC authorities are also directed to start the process immediately and
to take appropriate steps. 2
With the aforesaid observation the matter is adjourned for eight weeks from
date.
Mr. Majumder is directed to inform this Court about the progress of the
matter on the next date of hearing. Matter is heard in part. Let the matter
appear in the list on 3rd July, 2013. All parties are to act on a signed
photocopy of this order on the usual undertakings.
(ASHOKE KUMAR DASADHIKARI, J.)
cs.
A.R.(CR).
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*RAJESH K. SINGH*
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*RAJESH K. SINGH*