Appeal to the Indian Government to help us get our arrears

Respected Prime Minister,
                                         
                      Hearty congratulations on being elected for another term.
 
                      We, the resigning ex-employees of LIC of India would like to make a fervent appeal to you. Kindly ensure that we get our hard-earned, legally rightful dues from our ex-employer which seems to be living under a rock, blissfully unaware about the latest trends in Human Resource Development.

                        It has been repudiating our wage revision arrears since more than two decades, since 1997, to be precise! We have also not got the difference in Statutory Retirement Benefits like Provident Fund and Gratuity; arising due to wage revision.
       
                        LIC has admitted in its affidavit to the CIC that it has no reason on record to repudiate the arrears.

                        Besides, LIC of India is acting in a blatant 'Contempt of Court' manner by refusing to honor the Supreme Court's judgment favoring payment of arrears to the resigning employees, as wage is a constitutional right of the employees.

                        Hoping for a favorable resolution to this injustice! We will be highly obliged if you could see that justice is done and all of us get our long-outstanding dues with interest from our ex-employer, LIC of India.

                        Thanking you,
                                                                                                    Yours sincerely,

                                                                                       Resigning ex-employees of LIC of India

International Labor Day - A Day of Reckoning for L.I.C of India

This International Labor Day, L.I.C must be brought to book!

Dear friends,

                    

                  Today should be the day of reckoning for L.I.C of India, our ex-employer, which has unjustly deprived us of our rightful dues, since more than two decades. It must come to its senses today, wake up and undo its wrong-doing towards us. Will this International Labor Day prove to be lucky for us, or just fade away into History like the past ones?                   All of us must unite and collectively fight for our legal dues, with all our might. Let's wake up the sleeping giant!                                                                                                                                                                                                            Priya

P.S. This post was carried nearly verbatim, last year too, on this day! How many more of such International Labor Days must pass by, for L.I.C to come to its senses, undo its wrongdoings and bestow justice; regard the Supreme Court's judgments for a change?        It's high time that the Prime Minister and the Finance Minister stepped in, to put in a strong word for the long-suffering, resigning ex-employees.        Now that the concerned agencies are cracking a whip on the white-collar criminals, why not do the same with L.I.C? After all, it has been illegally repudiating our dues regularly, since 1997!

Consider this extract from a Supreme Court judgment, in 2007: 

SC - "Proviso of Para 3 is struck sown ultra vires"

 K. S. Raina.                                                                                       -      ------------Petitioner.

                        Versus

Union of India and others.                                                                         --------Respondents.

Coram:

The Hon’ble Mr. Justice Rajiv Sharma, Judge.

Whether approved for reporting?*                                    Yes.

For the Petitioner:                                                  Ms. Ranjana Parmar, Advocate.

For Respondent No. 1:                                         Ms. Shilpa Sood,

Central Government Counsel.

For Respondents No. 2 & 3:                                Mr. Ashwani Sharma, Advocate.

Rajiv Sharma, J.

It has come in the supplementary affidavit filed on behalf of respondent No. 2 that the wage revision of the employees of the nationalized insurance companies follows a periodicity of five years, i.e. 1^st August 1987, 1^st August 1992, 1^st August 1997 and 1^st August 2002. Thus, it is evident that in normal circumstances wage revision should have taken place in the year 2002 instead of 2005.

Classification made by the employer on the basis of seeking premature retirement on the basis of two sets of retirement schemes is not sustainable being irrational and discriminatory. 

The petitioner has a constitutional right to get his pay including the revision in the pay scale and it is settled law by law the fundamental rights can neither be waived off nor bartered away.

The action of the respondents is not supported by any rational basis or intelligible differentia.

In the present case the petitioner was in fact in employment as on 1^st August 2002, the date from which the Notification (Annexure P-4) dated 21^st December 2005 has been made applicable.

Consequently, in view of the observations made above, send proviso of Para 3 of the Notification dated 21^st December 2005 is struck sown being ultra vires to the extent it deprives the petitioner and other similarly situated persons to get the benefit of revised pay scale with effect from 1^st August 2002 after applying the principle of severability.

According, the petition is allowed. The petitioner is held entitled to get the revised pay scale corresponding to his post he was occupying as on 1^st August 2002 till 15^th March 2004. The respondents are directed to work out the arrears etc. within six weeks from today.

December 3, 2007                                                                                      (Rajiv Sharma), J.

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Source: Supreme Court and High Court judgments relating to Insurance.