T.Nadu Termd.Full Time Tem.Lic ... vs Life Insurance Corp.Of India & Ors

The facts of the case are stated here under for the purpose of appreciating the factual and rival legal contentions urged on behalf of the parties with a view to ascertain whether the appellants/concerned workmen are entitled to the relief as prayed for in these appeals:-

The said industrial dispute has been raised by the Associations, Federation of workmen and concerned workmen in their individual capacity which was supported by the Unions and Associations of these workmen of the divisions and zones of the Corporation across India and workmen who have represented their case on individual basis. Apart from the said Unions, Associations, Federation of some of the workmen from Tamilnadu Terminated Full Time Temporary LIC Employees Association and E. Prabhawati and Ors. had also been impleaded as parties in the dispute before the CGIT. E. Prabhawati and Ors. were impleaded vide order dated 01.12.1993 and The Tamil Nadu Terminated Temporary Full Time LIC Association was impleaded in the pending reference case vide order dated 06.04.1995.

After adjudication of the said Industrial Dispute between the parties, the Award was passed by Justice R.D. Tulpule on 17.4.1986. The said Award was based on the suggestions invited both from the workmen and from the management of the Corporation. The parties had given the mandate to the NIT to base its Award on any of the suggestions given by the parties after making necessary modifications.

Aggrieved by the said Award, the Corporation preferred SLP No. 14906 of 1988 titled The Management of Life Insurance Corporation of India v. Their Workmen before this Court urging various legal contentions. It is the case of the Corporation that during the course of the said SLP, a compromise was entered into between the Corporation and 8 out of the 9 Unions of the above SLP. Accordingly, this Court passed an order dated 1.3.1989 on the basis of the said compromise. The terms and conditions of the said compromise between the parties therein will be extracted in the reasoning portion of this Judgment.

For the aforesaid reasons also, the case of the concerned workmen/appellants must succeed and the impugned judgment and order must be set aside. Accordingly, it is set aside.

Answer to point (iii) It is needless to mention that since we are of the view that the Award passed by the CGIT in I.D. No. 27 of 1991 is legal and valid, it shall be restored and implemented by the Corporation by absorbing the concerned workmen in the permanent posts and if they have attained the age of superannuation, the Corporation will be liable to pay all consequential benefits including monetary benefits taking into consideration the pay scale and revised pay scale from time to time by the Corporation.

This Judgment and order shall be implemented within eight weeks from the date of receipt of the copy of this Judgment and the compliance report of the same shall be submitted for perusal of this Court.

Accordingly, the appeals are allowed in the above said terms. All the applications are disposed of. No costs.

..................................................................J. [V. GOPALA GOWDA] ..................................................................J. [C. NAGAPPAN] New Delhi, March 18, 2015 ITEM NO.1A-For Judgment COURT NO.9 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 6950/2009 T.NADU TERMD.FULL TIME TEM.LIC EMP.ASSN. Appellant(s) VERSUS LIFE INSURANCE CORP.OF INDIA & ORS. Respondent(s) WITH C.A. No. 6951/2009 C.A. No. 6952/2009 C.A. No. 6953/2009 C.A. No. 6954/2009 C.A. No. 6956/2009 Date : 18/03/2015 These appeals were called on for pronouncement of JUDGMENT today.

For Appellant(s) Mr. M. A. Chinnasamy,Adv.

Mr. V. Senthil Kumar, Adv.

Ms. Asha Jain Madan,Adv.

Mr. S. Nandakumar, Adv.

Mr. P. Vasu, Adv.

Mr. M. Soundarasaran Kumar, Adv.

Mr. V. N. Raghupathy,Adv.

Mr. B. K. Pal,Adv.

Ms. Kusum Chaudhary,Adv.

Mr. Bankey Bihari Sharma,Adv.

For Respondent(s) Mr. Ashok Panigrahi,Adv.

Hon'ble Mr. Justice V.Gopala Gowda pronounced the judgment of the Bench comprising His Lordship and Hon'ble Mr. Justice C. Nagappan.

The appeals are allowed in terms of the signed Reportable Judgment.

All the applications are disposed of.