Court No. - 22 Case :- SERVICE SINGLE No. - 5791 of 2008 Petitioner :- Gaya Prasad S/O Shri Rajaram Respondent :- Life Insurance Corporation Of India Through Chairman And Man Petitioner Counsel :- Rajiv Srivastav,Amita Srivastava,Ashwini Pandey Respondent Counsel :- P.K.Khare Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the petitioners and Sri P.K. Khare, learned counsel
for the opposite parties.
The present petition has been filed with the prayer that the opposite parties
may be directed to adhere to the circular dated 28.6.1993 and the conditions
recommended therein.
Submission of learned counsel for the petitioners is that the petitioners are
daily wage employees, who are working since 1991 continuously and they are
being paid very meagre amount. Statutory duty is cast upon the opposite
parties to pay the wages as contemplated in the circular dated 28.6.1993 but
the same is not being paid to the petitioners. It is further submitted that the
opposite parties are obliged to release the salary as contemplated in the
circular to the extent of 1/26th of the minimum salary payable to regular class
IV Employees of the Life Insurance Corporation of India (for short “the
Corporation”). Further submission is that whatever the benefit is available to
the petitioners under the aforesaid circular may also be given to them.
Sri P.K. Khare, learned counsel for the opposite parties has denied the
aforesaid contention of the learned counsel for the petitioners and has
submitted that the petitioners are not entitled for the benefit of the aforesaid
circular on account of the fact that some of the petitioners were appointed by
unauthorized persons. It is also submitted that numerous litigation has
prevailed and the matter has gone up to the Apex Court and in pursuance
thereof the circular has been issued to safeguard the interest of the various
persons and to avoid further legal wrangling in the courts.
Heaving heard learned counsel for the parties and gone through the record, I
feel that the contention of the learned counsel for the petitioners has got force
and the petitioners are entitled for the benefit of circular dated 28.6.1993,
which circular has been issued by the opposite parties in pursuance to the
judgment of the Apex Court where the parties have entered into a compromise
and on the basis of the said compromise, interest of the petitioners and other
similarly situated persons have been safeguarded. It is also to be noted that
the said circular is being implemented across the country in the Corporation
but for the present branch in which the petitioners are working, the opposite
parties have adopted discriminatory tactics and thereby precluded the
petitioners from the benefit of the aforesaid circular.
The petitioner are continuously working since the year 1991 on daily wages
basis and some of them earlier to it and in the opinion of the Court, they are
entitled for the protection of the circular and the salary enumerated therein i.e.
1/26 of the full salary of a month. It is stated that very meagre amount is
being paid by the opposite parties and the petitioners are being exploited at
the hands of the opposite parties on account of which they are unable to carry
on their livelihood and it amounts to violation of Articles 21 and 38 of the
Constitution of India.
Considering the entire facts and circumstances of the case, the present writ
petition is disposed of with the direction that the opposite parties will grant
benefit of the circular dated 28.6.1993 and will pay salary to the petitioners in
accordance with the said circular i.e. 1/26th of the full salary of a month and
other benefits which are available to the petitioners as contemplated in the
aforesaid circular in accordance with law.
Order Date :- 9.7.2010
RBS/-