Monday, 1 April 2019

Pension option granted again.

Source: https://www.businesstoday.in/top-story/government-approves-pension-option-for-42000-employees-of-psics/story/323942.html


Government approves pension option for 42,720 employees of PSICs

This benefit is applicable to those who have joined any of the Public Sector Insurance Companies (PSICs) on or before June 28, 1995.

twitter-logo PTI        Last Updated: March 2, 2019  | 20:01 IST
In a big bonanza to over 42,000 employees of public sector insurance companies, the government Saturday decided to give one more pension option as retirement benefit to these leftover officers and staff who missed the opportunity in the past.
This benefit is applicable to those who have joined any of the Public Sector Insurance Companies (PSICs) on or before June 28, 1995.
"Govt. approves one more pension option for leftover employees of Public Sector Insurance Companies who joined on or before 28.06.1995. To benefit 42720 employees including 10720 senior citizens," Finance Minister Arun Jaitley said in a tweet.
These employees had opted for contributory provident fund instead of the pension option.
Of the total beneficiaries, 24,595 are of LIC and 18,125 of five general insurance companies -- GIC, New India Assurance Company Ltd, National Insurance Company Ltd, Oriental Insurance Co Ltd, United India Insurance Co Ltd, an official statement said.
"In order to mitigate the hardship of such employees of whom many have retired, Government has decided, as a welfare measure, to allow one more opportunity to employees of PSICs who joined service on or before June 28, 1995, to opt for the Pension scheme of their respective organizations, in lieu of Contributory Provident Fund," Financial Services Secretary Rajiv Kumar said.
The pension was introduced as a retirement benefit in PSICs with effect from June 1995, it said.
In April 1997, employees of LIC and General Insurance Companies namely GIC, New India Assurance Company Ltd, National Insurance Company Ltd, Oriental Insurance Co Ltd, United India Insurance Co Ltd, who joined service on or before 28 June 1995 were given another opportunity to opt for Pension as a retirement benefit.
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My take on this report and this issue:
During our conversation in the course of my exit interview, the then Manager (P&IR) had told me that when 40% of the employees were not working, the officers should get their work done by the remaining 60% of employees who were productive! When I pointed it out to him that it would be an injustice to the productive employees as they would be unnecessarily burdened with the additional work of the unproductive employees, he just shrugged and smiled sheepishly. Why should the unproductive employees be paid their salary if they are not working? I asked. He had no answer!
It was a revelation for me! LIC knows the exact number of black sheep in its yard, but will not herd them out, (read - retrench them), for reasons best known to it. It also considers such employees as loyal, as they at least warm their seats! L.O.L.
Now, in the light of this pension option being granted again, such unproductive employees in LIC, who have already been draining the precious resources of the Corporation by being unproductive or not working to their 100% potential, throughout their lackluster service, will be granted a cozy life after retirement too!
Persons like me who have resigned and left service after several years of sincere and hard work, have not even been given our arrears payable on wage revision in LIC since more than two decades, i.e. 1997 onwards till date!
I worked for 18.5 years and have not been paid the arrears legally due to me, from August 2007 to July 2010.
Even the difference in retirement benefits, like Provident Fund and Gratuity which are Statutory Payments, (accruing due to revised pay scales), have not been paid to the resigning employees.
We urge the Government to look into this matter on a priority basis. We also need money to survive! Our legally rightful dues must be paid to us at the earliest, with accrued interest. 
The Supreme Court has already given its decision in the affirmative, as early as 2007! The details are there in my earlier blogs.
Priya

P.S. My crusade against L.I.C's injustice towards its resigning employees, is in its 9th year. And still counting.....

Friday, 8 March 2019

Happy Women's Day! Women's Empowerment, the LIC Way!


            The topmost echelons of the management of L.I.C of India consist of many women. Unfortunately, while they are apparently interested in women's empowerment, (rather, just talking about it!) their actions belie their attitude. There are some who deliver powerful lectures on women's empowerment but when it comes to actually walking the talk, develop cold feet and coolly look the other way!
          
          My tryst with the R.T.I appeal to the organization for getting my arrears and answers to queries; proved the above-mentioned sad truth. If I'd have got all my answers, I'd have also felt empowered, but alas, these ladies have forgotten the very meaning of empowerment, by choosing to be the Devil's Advocate (literally)!
          
          True empowerment can be attained only by supporting others. If ladies deprive other ladies (and men!) of their legally rightful dues and also justify it, it's a matter of concern and shame. Surely, they can use their own sense of judgment, reasoning and logic to make the men in their team aware of their flawed and unjust decisions instead of towing their line and trying to save their jobs and maintaining the status quo!
          
          These ladies have not shown the slightest bit of support to the cause of the resigning employees; arbitrarily and unjustly not being given their arrears and difference in retirement benefits, by the management.

          So one can just conclude that women can be women's best friends and worst foes too!

          Once we get all our dues from the Corporation, I will be filling the form for Deha-daan (body-donation). That is my vow. 

          In case of my earlier demise, my family will be donating my body to my chosen hospital.

Monday, 4 March 2019

New AAO's post's applicants, think twice before joining LIC of India!


          Recently, LIC of India has advertised for recruitment of AAOs, in the newspapers. Most of you, who think that LIC's is a lucrative job with bright career prospects; and are eligible candidates; will fill in the forms. 
         
          Here's a warning. BEWARE! The reasons for exercising caution are as follows:
If selected, LIC of India will give you appointment letters, stating your expected salary, with a statement in brackets, saying, 'Wage Revision Due'.
But if you leave LIC within 3 years, you won't get the arrears due to wage revision and will be left high and dry. You'll run from pillar to post for your legally rightful dues, but won't get any response from LIC or you'll get the hackneyed response that 'as per rules, you are not eligible for arrears' payment.'

In every Charter of wage revision, LIC includes a Clause 3 1 ii)/b) which states that resigning employees will not get the arrears. This is in spite of the fact that the Supreme Court has declared this Clause to be ultra vires, in 2008.

In effect, if you stick around with LIC for a minimum of 20 years, you'll get the arrears, but if you leave before 20 years, even by one day, you won't get the arrears.
So friends, think carefully whether you'll continue to serve in LIC for so long and only then apply for the job. This is especially for the Direct Recruits as Assistant Administrative Officers in LIC of India.
If you are applying for other jobs in the Government Sector, simultaneously, and get some call letter from them after joining LIC, and decide to take up that offer and resign from LIC, you will not get the arrears payment because of LIC's Clause, as above-mentioned.

Let me give you an instance:

Mr. X joined LIC in 2013 and left in 2015, to join the Income Tax Department as an Income Tax Officer. As per the wage revision Gazette of 2016, he will not get arrears for those two years, in spite of having been on the salary roll of the Corporation from 2013 to 2015!

This injustice has been going on since 1st August, 1997. 

My sincere advice is that think not only twice but 2000 times before joining LIC of India. And if you do join, serve for full 20 years at least!
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 Kindly refer to my blog post dated 14.04.2015, as follows:

                 No mention of repudiation in the appointment letters!
         In the appointment letters to the employees, nowhere is it mentioned that the employees can't leave service, or that their arrears' payments will be repudiated if they leave service of the Corporation. So how can this clause be introduced, that too with retrospective effect? If at all it has to be introduced, it could be with prospective effect and the same should be mentioned in the appointment letters.
          In fact, some employees who joined LIC in the recent years, have been given appointment letters stating that the wage revisions are due, meaning that they will be eligible for the same when they are notified. But when they resigned from LIC, they were denied the arrears' payments! Shouldn't they have been informed about the repudiation's clause, beforehand, so that they could've made an informed decision?
          Likewise, even after their resignation letters were received by LIC, they should've been intimated accordingly, with respect to this clause. The fact that LIC regularly accepts resignations without doing so, indicates that LIC is not playing fair. It can easily keep the resignations pending and accept them after the notification is made public, so that they aren't deprived of their hard-earned dues.
         The Supreme Court has declared this clause itself to be ultra vires, meaning 'beyond reach' of the Chairman's powers. But obviously, LIC's management thinks that it is beyond any law of the Nation! It is a law unto itself!
          Besides, the Finance Ministry too ratifies this unjust clause in the Wage Arrears' Notification, every 5 years, since 2000; without considering the Supreme Court's judgement.
          LIC, (and the Finance Ministry), it's time for some serious introspection!

Thursday, 14 February 2019

A report by the Economic Times regarding IL&FS


Source: https://economictimes.indiatimes.com/markets/stocks/lic-and-sbi-allowed-ilfs-to-happen-ex-rbi-gov-yv-reddy/articleshow/67906505.cms

LIC and SBI allowed IL&FS to happen: ex RBI gov YV Reddy

LIC, the largest shareholder, held more than a 25% stake in the group, while SBI owned about 6.5%.

By Saikat Das, ET Bureau|

MUMBAI: Former RBI governor YV Reddy blamed two public sector behemoths - LIC of India and the State Bank of India - for the collapse of Infrastructure Leasing & Financial Services, which triggered a crisis among non-banking finance companies grappling with a cash squeeze. 

“RBI should be concerned at the risk-assessment capabilities of public sector giants like LIC and SBI that allowed this to happen while having large stakes in IL&FS,” Reddy said while delivering a speech at the Gokhale Institute of Politics and Economics in Pune. “If IL&FS faced a liquidity problem, it would have been the responsibility of RBI.” 

IL&FS began to default on repayments in September amid allegations of mismanagement. LIC, the largest shareholder, held more than a 25% stake in the group, while SBI owned about 6.5%. The government reconstituted the company’s board in October. 

“Perhaps the government intervened since both LIC and SBI, owned by it, are large stakeholders in IL&FS and also because many infrastructure projects are involved,” Reddy said. 

Investors panicked, resulting in a spurt in the borrowing costs of para banks. A secondary market trade kicked off fear mongering. DSP Mutual Fund sold Dewan Housing Finance bonds as high as 11%. 

The extent of the RBI’s response to the liquidity conditions faced by non-banking financial companies is another point of friction between the government and the RBI, said Reddy, who was appointed the 21st Governor of the RBI in September 2003. 


Tuesday, 22 January 2019

Our New Year's Resolution!

Dear friends,
January is that time of the year when there's a nip in the air and a whiff of hope about how the new year could go for all of us!
Let's resolve to carry on our crusade for getting our Wage Revision Arrears from our ex-employer - LIC of India.
Let's pray and hope that the Management wakes up to its Conscience or is prodded by the Government to give us our dues gracefully.
If that doesn't materialise, we could explore legal options to achieve our goal.
Let’s keep up the JOSH - the spirit!
NEVER SAY DIE!
                                        Priya 

Tuesday, 1 January 2019

Can we sue L.I.C of India for non-payment of our dues?


Source: https://blog.ipleaders.in/can-employee-sue-his her-employer-penal-provisions-faced-employer/

What are the instances under which an employee can sue his/her employer?


By Ajay Thakur    

What actions can you take if your employer does not pay salaries or fails to deposit TDS or PF?
For unpaid salary, you can approach the Labour Commissioner, who will further hand over the matter to the court, in case Labour Commissioner is not able to handle the matter. The employee can make an application to the Labour Court under Section 33 (C) of The Industrial Disputes x Act, 1947. (Refer Case law: Sant Raj & Anr vs O.P. Singla & Anr on 9 April, 1985).
The definition of workman under the Industrial Disputes Act includes a part time employee (Case law: Yashwant Singh Yadav vs State Of Rajasthan And Ors. on 12 April, 1989)
Also, such an application should be made within one year from when the money becomes due from the company. All other benefits such as Provident Funds under “Employees’ Provident Funds and Miscellaneous Provisions Act, 1952”, capable of being computed in terms of money, shall also be included in the amount to be recovered. An employer who contravenes, or makes default in complying with the provisions of this Act, shall be punishable with imprisonment for a term which may extend to 3 years but which shall not be less than 1 year and a fine of ten thousand rupees in case of default in payment of the employees’ wages which shall not be less than 6 months and a fine of five thousand rupees, in any other case.
If you are an employee above the executive level or a manager and above, you can also file a case against the Company in the Civil Court.
In case of fraudulent practices by the company under section 447 of Companies Act, 2013, you can always approach Registrar of Companies and intimate them of the fraudulent activities of the company.
If for a period of one day in a year, 20 or more persons were employed in the establishment that will be sufficient to attract the provisions of the Act (Case Law: Ramanujam Press Represented By … vs The Regional Provident Fund … on 19 June, 1969)
As the power of regional PF commissioner to impose damages is a quasi-judicial function, an order under section 14(B) must be a speaking order containing the reasons in support of it (Case law: Organo Chemical Industries & Anr vs Union Of India & Ors on 23 July, 1979)

What will you do if your employer doesn’t pay you gratuity?

According to section 8 of the “Payment of Gratuity Act, 1972, in case the employer doesn’t pay the gratuity within the prescribed time to his employee (or nominee), the aggrieved employee can apply for redressal to the controlling authority. The controlling authority after investigation will issue a certificate for that amount to the Collector, who shall recover the same, together with compound interest at such rate specified by the Central Government. In case of delayed remittances of contributions, administrative / inspection charges by an employer, he has to pay both interest and damages for the period of delay.
According to section 11 of the “Payment of Gratuity Act, 1972, where the amount of gratuity has not been paid, or recovered within 6 months from the expiry of the prescribed time, the appropriate Government shall authorise the controlling authority to make a complaint against the employer, whereupon the controlling authority shall, within 15 days from the date of such authorisation, make such compliant to a magistrate having jurisdiction to try the offence.
According to section 9 of the “Payment of Gratuity Act, 1972, if the employer fails to pay the gratuity, he shall be punishable with imprisonment for a term which shall not be less than 6 months but which may extend to 2 years, unless the court trying the offence for reasons to be recorded by it in writing, is of the opinion that lesser term of imprisonment or imposition of a fine would meet the ends of justice.
Here “Controlling Authority” means an authority appointed by the appropriate Government.
In case of rival claimants to gratuity under the Payment of Gratuity Ac, civil court has jurisdiction to go into disputed matter (Asha Devi Jauhar vs. Sharda Dcvi 197g rr LLI 345)
Merely stating that the employees went on an illegal strike and thereby caused a heavy loss to the company is not a ground for denying gratuity (Refer case law: Bombay Gas Public Ltd. Co. vs Papa Akbar And Another on 18 September, 1989)
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Dear friends,

In light of the above-published report, we, the resigning ex-employees can sue L.I.C of India for non-payment of our wage-revision arrears and non-payment of difference in retirement benefits.

Let's take collective action by filing a Class-suit with the Labor Commissioner! If any group of resigning ex-employees has already taken this step, let me know about it. I'll be thankful for the information.

Priya

Sunday, 2 December 2018

LIC, kindly reveal the statistics pertaining to repudiated arrears too!

Source: m.economictimes.com 

2017-18

VIEW IN APP
LIC received cabinet approval earlier this year to buy 51 per cent stake in state-run IDBI, which will make the government a minority shareholder in the bank.
MUMBAI: LIC Chairman V.K. Sharma on Friday handed over a cheque of Rs 2,430 crore as dividend for financial year 2017-18 to Finance Minister Arun Jaitley.

Speaking to reporters here after meeting the Finance Minister, Sharma said that state-owned Life Insurance Corporation (LIC) recorded a surplus of Rs 48,444 crore during the the last fiscal 2017-18.
He said that LIC would also infuse Rs 15,000-20,000 crore into the loss-making IDBI Bank struggling with accumulated bad loans.

LIC received cabinet approval earlier this year to buy 51 per cent stake in state-run IDBI, which will make the government a minority shareholder in the bank.

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IN THE LIGHT OF THE ABOVE-MENTIONED REPORT, OUR HUMBLE REQUEST TO LIC:

KINDLY REVEAL THE STATISTICS PERTAINING TO THE WAGE REVISION ARREARS DUE TO THE RESIGNING EMPLOYEES, SINCE 1997; ILLEGALLY REPUDIATED BY YOU!

WHY CAN'T YOU PLAY FAIR AND HONOUR YOUR COMMITMENT TOWARDS US TOO, BY GIVING US OUR DUES?

SURELY, YOUR SURPLUS OF Rs. 48,444 CRORES WOULD BE MORE THAN ENOUGH TO DO SO!

THANKS IN ANTICIPATION. 
                                                  RESIGNING EX-EMPLOYEES