Monday, 8 January 2024

L.I.C of India is in a race with Rip Van Winkle

 Dear friends,

 I had written to the Prime Minister of India, regarding my lone crusade to get my wage revision arrears and difference in retirement benefits; on wage revision. The Corporation had illegally, arbitrarily and unjustly repudiated it in 2010, though I was in service in 2oo7 from which the arrears were to be paid to me. So from 1st August, 2007 till 2nd July, 2010, my wages' arrears have not been paid. 

 The same injustice has been going on from 1st August, 1997 till date. The Corporation keeps pasing the buck to the Government which has ratified the Charter of Wage Revision and brought out a Gazette for the same. The management takes this illegal decision, charter after charter and the Government keeps toeing its line by ratifying it, and bringing out a Gazette; without considering the Supreme Court's ruling on this issue. Scores of resigning ex-employees are in the same boat as me and I'm crusading for all of them as well. The Corporation refused to share their particulars as well as the amounts totally repudiated, since 1997; for obvious reasons! 

 In the words of the CPIO, WZO of LIC of India, "LIC will never give you any information as it will open a Pandora's Box. Your Appeal will be closed within a month. You are banging your head against a brick wall. You will surely lose the case even if you go to court." He was flustered as I had asked the CIC to impose a penalty on the concerned officials, (including him) for not giving me the information within the stipulated days' time. He had conveniently forgotten about our similar sinking feeling on the Corporation's repudiation of our hard earned, wage revision's arrears. 

 My RTI appeals and re-appeals have fallen on deaf ears. SO TOO, MY APPEALS TO THE PRIME MINISTER AND FINANCE MINISTER OF INDIA!

 Consider the latest reply by the Corporation, which is the same as given to me in 2010. Kndly note that my crusade has completed 13 years! Do peruse my other blog at uberrimafides.licindia.com which has all the details and scanned images of my RTI appeals and correspondence with the Corporation and the Government. 

I believe in total transparency, unlike LIC of India which was reprimanded by the CIC in my RTI appeal's hearing through videconferencing; in which she told the Coporation's CPIO in no uncertain terms: "Please be transparent (in your dealings) in future" when I pointed out that he was lying. Well, some things and people don't change ever! 

Need I repeat the popular Hindi adage? 

 Do peruse this email sent by LIC of India, to me, which was undoubtedly sent on a prod from the PMO's office and the Finance Ministry; who conveniently evaded replying to me or even taking any action against the wrongdoers. Now we know where the problem lies! (In fact, I had expected them to set things right, not put the ball again in the bad player's court!) So things are back to square one now! 

 For the record, the Government owns LIC of India and the other national non-life insurers. This injustice plagues all these companies. The Government can't just wash its hands off this important issue of a Company listed on the Stock Exchange. Our nation's reputation and credibility is at stake. (INTERESTINGLY, THE GOVERNMENT HAS NOT YET ACTUALLY ACKNOWLEDGED ANY OF MY CORRESPONDENCE! SO MUCH FOR DIGITAL INDIA!) 

 We can wake up a person who is sleeping but not someone who is pretending to sleep. Especially the Corporation's Managing Board of Directors who will put even the legendary Rip Van Winkle to shame!

 Only, I repeat, only the Honorable Prime Minister can awaken them. For that, he has to take matters in his own hands, with the help of the Government’s legal advisors. Please stem the rot, we say! 

 My suggestions:

 1. Ask the Management to revise their illegal decision, the records of which are not even there with LIC (as revealed through my RTI appeal) in a Board Meeting's MINUTES. Neither has the reason been revealed. The concerned official, CPAIO, CO, Ms. Saroj Dikhale had stated that there is no reason on record for the repudiation. Which means that the decision itself is arbitrary! 

 2. Place that revised decision by LIC of India to pay us all our dues with immediate effect with compound interest; in the Parliament, ratify it and bring out a Gazette after due amendments in the requisite clauses of The Insurance Act. This can be done alongwith the current Charter due in 2023. 

 3. Ask the Corporation to pay up. Rest assured, dear friends, my crusade for justice will continue, nevertheless.... 
 
There's always light at the end of the tunnel! AND Where there is a will, there is definitely a way! (Out of the tunnel!) 

 Hoping for some very good and long-awaited news in the coming New Year 2024 for all of us. I'm a die-hard optimist who always believes in 'Satyameva Jayate'. Priya

 (The next blog contains my latest letter, sent as an email, to the Honorable Prime Minister of India, Do read it and post your comments here. Thanks.) 

 LIFE INSURANCE CORPORATION OF INDIA PUNE DIVISIONAL OFFICE 1 "JEEVAN PRAKASH" UNIVERSITY ROAD PUNE-411005 

 Ref:OS/PUNE-1/23-24 Date: 13.12.2023 

 To, Mrs. Priya.R.Swaminathan 

 Ref. :Payment of wage revision arrears and difference in terminal benefit(CPRGRAMS complaint)

 Respected Madam, 

 With reference to above we would like to inform you that you had resigned from Corporation on 2nd July 2010 and as per Wage revision Notification 2007 which is applicable to you "Circular no. ZD/1159/ASP/2010 Dt. 11th October, 2010 chapter no, 3(i) Eligibility Class - 1 officer whose resignation had been accepted on or before notification irrespective of whether they are relieved or not during the period between 01.08.2007 to 08.10.2010 shall not be eligible for the arrears on account of this revision". Please note as per abover chapter 3(i) you are not eligible for any wage revision arrears payment and difference of retirement benefits and other allied dues. 

 Manager (OS) 
 My reply to LIC of India 15.12.2023

 To, The HOD, Pension Cell LIC of India, Pune D.O. 1 

 Respected Sir/Madam, 

 It's astonishing that you have sent the same reply to me even after 13 years! LIC of India needs a reality check. Kindly walk the talk when it comes to dealing fairly and justly with everyone. 

With regards, 

 Mrs. Priya Ramesh Swaminathan 
 pension.pune1 Attachments Fri, Dec 15, 12:31 PM (2 days ago)

Thursday, 31 August 2023

A Relationship of Trust - L.I.C of India, 1st September, 2023

     Today is L.I.C of India's 67th Anniversary. It is also 26 years since it has broken our trust in the Corporation by betraying us, resigning ex-employees. The Corporation has been wilfully, illegally, arbitrarily and unconstitutionally repudiating the arrears payments due on wage revision; to its resigning ex-employees, since 1997. 

     These payments are applicable to all employees of the Corporation as a class of employees; as per the Supreme Courts directives.  

     Despite a Supreme Court ruling that states that L.I.C cannot create two different classes of employees for the above-mentioned payments, one that is eligible to receive and the other ineligible to receive; the unscrupulous Corporation does just that, during every Charter that is announced for Wage Revision.

     It does so, through a clause which has been declared as 'ultra vires' (unconstitutional) by the Supreme Court in 2007. Thus it acts in a "Contempt of Court" manner, brazenly defying the laws of our nation.

     I have recently written a letter to the Prime Minister of India, Sri Narendra Modiji to ensure that we get justice. We should be given our dues with compound interest. I haven't yet received any reply for that letter sent by Registered A.D. Nor have I received any confirmation regarding receipt of my email that I sent as a reminder to him as well as the P.M.O's office.

     It is dejavu for me again, after my long R.T.I struggle to get replies from the Corporation regarding its wrongdoings and getting insincere, half-baked replies to only 3 out of my 21 questions. The same Corporation that rattles off statistics about its growth and performance on various parameters, at the drop of a hat; curiously evaded giving me replies to basic questions such as the total number of employees whose arrears had been repudiated as well as the huge amounts repudiated illegally since 1st August, 1997. No reason exists on its records, for such repudiation! So it is arbitrary.

     So the Central Government's silence proves that those whom we rely on for justice, will keep on betraying us or ignoring us as if we don't exist at all! 

     I hope that the Honorable Prime Minister, with his usual "Can Do" attitude, has set things rolling for our payments...

    It is downright shameful when L.I.C of India claims today that "Trust is the foundation of any relationship... On our 67th Foundation Day, we thank you all for trusting us at every stage of your life and giving us the responsibility to protect and fulfil your dreams," yet keeps vital information and our legally rightful dues out of our reach! Doesn't it have any responsibility toward us? The fact that it is a premier government owned life insurance company, makes its cavalier attitude more unwarranted.

    All of us had also worked for many years in the Corporation to just be deprived of our dues when we needed them the most. I had worked sincerely for 18.5 years. 

    We, the long-suffering, resigning ex-employees of L.I.C of India request the Managing Board of Directors to kindly take a wise and just decision to pay us all our dues with compound interest and then make such tall statements of platitude. Or else this day will always remind us of our tremendous loss and the Corporation's unscrupulous gain at our expense!

     "Ek Atoot Rishta Bharose Ka" shouldn't just remain in print, in an advertisement in The Times of India, but should be implemented in actual practice!

      Kindly reinstate our trust in L.I.C of India.

      For those of you who would like to have all details regarding my lone crusade since 2010, for justice for myself as well as others sailing in the same boat as me; please peruse my blog at uberrimafideslicindia.blogspot.com.

Thursday, 10 August 2023

Email to the Hon'ble Prime Minister, Sri Narendra Modiji and the P.M.O

 Dated 4th August, 2023

My 'Urgent Request' letter for payment of arrears due from L.I.C of India.

To,

Sri Narendra Modiji,
Hon'ble Prime Minister of India
New Delhi

Sub. : Payment of Wage Revision Arrears and Difference in Statutory Retirement Benefits and other allied dues, by L.I.C of India.
Ref. : My 'Urgent Request' letter dated 18th June, 2023; sent to you on 22nd June, 2023 through Registered Post, Acknowledgement Due.

Respected Sir,
                       With reference to the above, kindly let me know the progress in the matter as it is very urgent.
                        I didn't receive the acknowledgement from your office, with respect to my letter as referred to above.
                        Hence, I'm sending this email. Kindly acknowledge receipt and oblige.
                        Kindly assure me that the matter is receiving topmost priority and will reach its logical conclusion, i.e. payment of long outstanding dues with compound interest, to all the resigning ex-employees of the Corporation who have suffered due to the illegal repudiation of arrears by the Corporation since 1997.
                        I'm submitting the same letter here, for your ready reference. I am also attaching the same.
                       We hope that you will take prompt and appropriate action and oblige. 
                        Thanks and warm regards.
                                                                                               Yours respectfully,
                                                                                   Mrs. Priya Ramesh Swaminathan
************************************************************************************************************************Dear friends,

                          I haven't received any response or acknowledgement for this communication too! Hope this communication doesn't go the L.I.C way. After repudiation of arrears, I had corresponded with L.I.C of India, through a registered letter and 22 emails thereafter, for asking why it had repudiated my Wage Revision Arrears and received no response. 

                          Then I had filed an R.T.I application. That was the First Appeal. Then the Second Appeal followed... Then the C.I.C closed the case with a generic response that has almost become a template and is since then being given to each person who files an R.T.I appeal for the same reason as mine. Now that I have started corresponding with the Hon'ble Prime Minister and the Prime Minister's Office (P.M.O), let's hope and pray that my efforts don't go in vain again. I have started getting a sense of de' javu!

                          But then, think about it deeply! If the Hon'ble Prime Minister also can't resolve this long-standing vexed issue, who can?

                          Again, I always believe in "Where there is a will, there is a way!" and the watchwords "Patience and Perseverance". My lone crusade against L.I.C's grave injustice has been ongoing for 13 long years. Now it is "Do or Die", with dire circumstances at home. My motto "Never give up" props me up daily to keep going...

                         God willing, we'll soon see light at the end of the tunnel. I'm hopeful that the Hon'ble Prime Minister's timely intervention will work wonders on L.I.C's inertia.

                         We all will get the fruits of our patience in the form of our arrears and difference in retirement benefits and allied benefits with compound interest and damages, from L.I.C of India. 

                                                              SATYAMEVA JAYATE!
                                                                                                            Your friend,
                                                                                                            Priya

Tuesday, 11 July 2023

My letter to the Prime Minister, Sri Narendra Modi - Urgent Request

 

Date: 18th June, 2023

To,

Sri Narendra Modiji,

Hon'ble Prime Minister of India,

The Prime Minister's Office,

152, South Block,

Raisina Hill,

New Delhi - 110011                                                         

                                                                     URGENT REQUEST

Respected Sir,

                              Subject: 1. Illegal repudiation of arrears due to me (and other resigning ex-employees); by L.I.C of India, my ex-employer and the Government of India, after delayed Wage Revision (due on 1st August, 2007) but notified on 8th October, 2010.

                                        2. Non-payment of Statutory Retirement Benefits like Provident Fund and Gratuity on an enhanced basis after the said Wage Revision.

                                        3. No option given to us for opting for Pension (which was given later to other employees)

                                        4. No intimation was given to me and the other resigning ex-employees about possibility of repudiation of arrears, etc. when we submitted our resignation letters.

                                        5. Urgent request to direct the Life Insurance Corporation of India to settle all the dues of the resigning ex-employees, since 1st August, 1997. The Wage Revision Arrears have been continuously and illegally/unconstitutionally/arbitrarily repudiated for 26 years, without any reason; as proved by the Corporation's answers to my RTI queries!

                                        6. My husband has just had a major surgery for Colorectal Cancer and is convalescing. His treatment will most probably be life-long or long-term. He will need to go in for regular, expensive, scanning and other diagnostic tests. I had to borrow huge amounts from relatives to supplement my inadequate funds. Instead of constantly depending on others who have their own problems, I request you to ensure that I get all my said dues, as above-mentioned with Compound Interest from 1st August, 2007, when they were actually payable to me; till date (16 years, in my case!). These funds will provide me with some relief from availing loans.

                                        7. Costs of sending representations, correspondence, filing RTI Appeals, photocopying expenses, commuting, mental and physical harassment, losses due to wastage of productive man-hours spent on representations/appeals; should also be paid to all of us. You may decide an appropriate amount and request L.I.C to pay the same to all of us. Similarly, other resigning ex-employees must also get their dues, as they may also be facing financial problems.

                                      

                              Reference: The Gazette Notification dated 8th October, 2010; and the previous and subsequent Gazette Notifications.

                                                     

                              I, the undersigned, had resigned when I was an Assistant Administrative Officer, in Pune Camp Branch Office No. 953 (Pune Divisional Office No.1), after 18.5 years of service on 2nd July 2010. The Gazette notification for payment of arrears due from 1st August 2007 was announced on 11th October, 2010. Legally, I was entitled to the arrears of difference in my wages from 1st August 2007 to 2nd July 2010 but it was denied on the basis of this Gazette and subsequent Circular’s notification by the Corporation.

                             Similarly, the Provident Fund and Gratuity being Statutory Retirement Benefits, their difference will also have to be paid as per the revised, enhanced wages. All the allowances, perks, etc. would also have to be calculated accordingly and the difference would have to be paid to me and all the resigning ex-employees.

                             The Corporation wrongly differentiates between the two classes of voluntarily resigning employees as those who have completed 20 years of service and those who have resigned before completing 20 years of service. The first class is entitled to the Wage Revision Arrears’ Payments and the second class isn’t entitled to it, despite putting in long, sincere and dedicated years of service! Since the wage revisions were announced for all the employees of the Corporation, as a class, the Corporation should not deny the benefits to the resigning ex-employees. The Supreme Court has also mentioned this point in its judgement, stating further, that the delay in payment of Wage Revision Arrears is the fault of the Corporation which announces the Charter belatedly; each time that it is due!

                             I am maintaining a blog named uberrimafideslicindia.blogspot.com to highlight the Corporation's gross injustice and to narrate my experience of filing R.T.I Appeals to fight for my constitutional rights to wages, as I was on the salary rolls of the Corporation on the date from which the arrears were payable. Several similarly placed, resigning ex-employees have contacted me to narrate their similar plights.

                            All the scanned documents pertaining to my RTI crusade against L.I.C's injustice, are available on this blog, for your perusal. You could note how the Corporation has evaded giving answers to a majority of my queries! You could also note how the CIC hasn't imposed any penalty on the Corporation for not providing answers, despite my request for the same and instead put the onus on me for obtaining answers from each of the numerous offices of the Corporation! Each aggrieved person who has filed an RTI appeal has received the same response from the CIC! So it has been an exercise in futility! A total wastage of our precious time and meagre resources!

                           The mighty, resource-rich L.I.C of India gets away with illegal repudiation whereas we are made to run from pillar to post to get justice, and even asked to approach courts for justice. As you are well aware, litigation is a time-consuming and expensive affair, one that none of us can really afford. L.I.C takes undue advantage of this fact. So now our only hope is that your intervention will provide us with much-needed relief and justice.

                            Interestingly, many resigning ex-employees (Class I and Class 2) from the Government's four General Insurance Companies, Subsidiaries of Life Insurance like L.I.C Mutual Funds and L.I.C Housing Finance have also approached me to join my crusade against this gross injustice of Wage Arrears' Repudiation.

                            Despite L.I.C of India's large Reserve Fund and Assets amounting to several trillions of rupees, it keeps on illegally and arbitrarily repudiating Wage Revision Arrears of the resigning, ex-employees. It's absolutely pathetic that we have to borrow money from others in times of exigencies, like the one I am currently facing; just because the Corporation has no regard for either the Supreme Court or the laws of the nation and has illegally repudiated our hard-earned dues; despite a Supreme Court ruling in 2007 that the Clause 3 B ii of the Wage Revision Charter is ultra vires! This case is also highlighted in my blog.

                            Kindly look into the matter urgently and consider my request to direct the Life Insurance Corporation of India to settle all the dues of the resigning ex-employees, since 1st August, 1997. The Finance Ministry may also be given the requisite instructions from your end to expedite the process.

                           With reference to point 6 in the 'Subject' as mentioned above, kindly expedite payment of my dues (Wage Revision Arrears and Difference in Statutory Retirement Benefits like Provident Fund and Gratuity, etc.) with Compound Interest from 1st August, 2007, when they were actually payable to me; till date (16 years, in my case!). Costs of filing RTI Appeals, photocopying bills, commuting, mental and physical harassment should also be paid to me and all those of us who have filed RTI appeals.

                            I'd be highly obliged if you'd do the needful and respond favorably at the earliest.

                            Kindly accept my warm regards.

                            Thanking you,              

                                                                                                                    Yours respectfully,

                                                                                                                             

                                                                                                       Mrs. Priya Ramesh Swaminathan

Enclosures: Hospital's Admission Letter and Discharge Card's photocopies.

 

P.S. L.I.C of India still acts in utter "Contempt of Court" manner to repudiate the arrears by incorporating the same wordings, under Clause 3, that were declared as "ultra vires" by the Hon'ble Supreme Court in 2007, and the Government of India (Finance Ministry) also ratifies the same!

Extract from the latest notification of 2021.

[भाग II—खण् ड 3(i)] भारत का राजपत्र : ऄसाधारण 45

NOTIFICATION

New Delhi, the 15th April, 2021

G.S.R. 273(E).—In exercise of the powers conferred by section 48 of the Life Insurance

Corporation Act, 1956 (31 of 1956), the Central Government hereby makes the following rules

further to amend the Life Insurance Corporation of India (Special Area Allowance) Rules, 1988,

namely:-

1. (1) These rules may be called the Life Insurance Corporation of India (Special Area Allowance)

Amendment Rules, 2021.

(2) They shall be deemed to have come into force on the 1st day of August, 2017.

(3) These rules shall be applicable to all employees who were in the whole-time salaried service in

the permanent establishment of the Corporation as on or after the 1st August, 2017:

Provided further that the employee whose resignation had been accepted or whose services had been terminated under rule 39 of Life Insurance Corporation of India (Staff) Rules, 1960 during the period from the 1st August, 2017 to the date of publication of this notification in the Official Gazette, shall not be eligible for the arrears on account of revision.

 

Interestingly, every Wage Revision Charter states the following, in its Explanatory Notes:

 

"It is certified that no officer of the Life Insurance Corporation of India is likely to be affected adversely by the notification being given retrospective effect."

 

But proceeds to illegally and arbitrarily deprive the resigning ex-employees of their hard-earned, constitutional wages, for the periods when they were on the Salary Rolls of the Corporation and in active service!

 

 

Thursday, 11 May 2023

And yet L.I.C of India doesn't pay arrears and dues to its resigning ex-employees!

 SOURCE: https://economictimes.indiatimes.com/markets/stocks/news/lics-rs-10-lakh-crore-portfolio-273-stocks-11-stars-but-only-1-superstar/articleshow/100089054.cms

LIC's Rs 10 lakh crore-portfolio: 273 stocks, 11 stars, but only 1 superstar!



By
Nikhil Agarwal ETMarkets.com

Synopsis

Life Insurance Corporation of India (LIC) has 273 listed stocks in its portfolio worth INR 10tn ($133bn). Its largest holding is Reliance Industries, but its biggest returns so far this year have come from tobacco and consumer goods company ITC, which has risen by almost 30%. Tech consultancy TCS is LIC’s third largest holding, followed by State Bank of India and ICICI Bank. Among the largest holdings that have given double-digit returns are L&T, ONGC, Tata Motors and Dr Reddy's Lab. LIC has reduced its stake in ITC but the company's valuation there has risen above INR 80,000 crore.



**********************************************************************************************************************************************
Our take on this report:

L.I.C of India is awash with funds.

And yet L.I.C of India doesn't pay arrears and dues to its resigning ex-employees!

Since 26 years!

Does anyone care about us at all?

The Government of India and the Finance Ministry of India definitely owe us an explanation!

They must ensure that we are given our dues with compound interest immediately.

"Patience has its rewards", as the old adage goes...

Will our patience pay off? 

Only the Government and the Finance Ministry of India can answer!
******************************************************
Here's the feedback received for my first blog-post here:

Dec 24, 2015
Dear Madam
U r true. Lic is taking away the fundamental right of ex- employees.
If wage are revised and paid after a long period, this is fault of Lic not of the employees.
Either revise the pay timely or pay the renumeration to employees ( for which they have already worked so sincery.)
Gross injustice...... Can't believe how can lic do it..a organization of so repute....treating their staff this way......
Govt of India must intervene.
Plz.Be united all ex employees..... It is totally despotic and exploitative beside insulting. (Sic)

Tuesday, 31 January 2023

Symbiotic relationship? Worrying scenario!

Source: https://economictimes.indiatimes.com/news/india/view-india-cant-afford-to-get-the-adani-affair-wrong/articleshow/97469688.cms 

View: India cannot afford to get the Adani affair wrong

By Mihir SharmaBloomberg

It looks as though the Adani Group’s attempt to wrap itself in the Indian tricolor and see if criticism bounces off the flag may succeed. If the Indian government becomes a participant in the conglomerate’s effort, however, it would be doing itself and all Indians a great disservice.

In its rebuttal to short-seller Hindenburg Research’s claims of stock manipulation, tycoon Gautam Adani’s company made its strategy clear: Hindenburg’s accusations were, said Adani, “a calculated attack on India, the independence, integrity and quality of Indian institutions, and the growth story and ambition of India.”

This is, of course, not true. Hindenburg Research is not part of a giant conspiracy to defame Adani, the Indian economy, or Prime Minister Narendra Modi. The company is a small, respected, New York-based shop of short-sellers that thinks it recognizes the signs of overvalued companies ripe for a selloff.
The possibility of profit is enough of a motive — you don’t have to reach for theories about a transnational network of anti-India bankers and journalists.

Yet there is one grain of truth in Adani’s claim, and it should worry Indian policymakers. Hindenburg’s report, which describes a web of offshore shell companies engaged in possible related-party transactions, refers to investigations by the relevant Indian regulator, the Securities and Exc ..

The short-sellers make a strong, and possibly overstated, claim about the possible outcome of a regulatory investigation: “Offshore shells and funds tied to the Adani Group comprise many of the largest “public” (i.e., non-promoter) holders of Adani stock, an issue that would subject the Adani companies to delisting were Indian securities regulator SEBI’s rules enforced.”

The report goes on to claim that the companies are still bein ..

It isn’t only Indian regulators who need to ensure they address these doubts head-on. This is a crucial test for India’s market economy. Policymakers in New Delhi still have extraordinary influence over the nuts and bolts of India’s economy, if in ways that are not immediately obvious to outsiders. State-run banks dominate lending to companies. The Life Insurance Corporation of India, a public sector insurer, is the most influential domestic equity investor. If it and other state-run institutions appear to come to Adani’s rescue now, without credible justification, who will believe in the future that India’s government doesn’t have a thumb on the stock-market scales?

I
I
I

India’s regulatory reputation is on the line. This is the one thing that has set us apart for three decades, since SEBI was first set up in response to our first big market manipulation scandal. It is something we as Indians should be proud of and should fight to defend....