New Delhi . The Supreme Court on Wednesday said that LIC as a statutory corporation is bound by the orders of Articles 14 and 16 of the Constitution, and cannot direct a public employer to undertake mass incorporation of 11,000 employees without following the recruitment process. Justice D.Y. Chandrachud said, “LIC, as a statutory corporation, is bound by the mandate of Articles 14 and 16 of the Constitution. The recruitment process of the Corporation as a public employer must meet the statutory standard of fair and open process. Entry through the back door is a curse for public service.”
The apex court has ordered former Allahabad High Court judge P.K.S. Baghel and former Uttar Pradesh High Judicial Service District Judge Rajiv Sharma to re-verify the claims of workers who have held class IV posts for at least three years for 70 days or on May 20, 1985 and March 4. Claims to be employed in class III post in a period of 85 days for two years between 1991.
Dealing with a nearly four-decade-old dispute regarding LIC’s part-time employees, the apex court observed, “The claims of those workers who are found to satisfy the initial conditions of eligibility on verification, shall be treated in lieu of inclusion and all claims.” And monetary compensation in return for full and final settlement of demands should be resolved by award.”
The bench comprising Justices Surya Kant and Vikram Nath said, “A public employer like LIC cannot be directed to collectively accommodate more than 11,000 workers in such flawed premises without following a recruitment process. This is in accordance with Article 14 of the Constitution and 16 is in line with the principles of equality of opportunity.”
It added that such inclusion would lead to backdoor entry, which negates the principle of equal opportunity and fairness in public employment.
The bench said that all persons found eligible on these criteria shall be entitled to compensation at the rate of Rs 50,000 for each year of service or part thereof.
The 90-page judgment added, “The payment of compensation at the above rate shall be in lieu of restoration and in full and final settlement of all claims and demands of workers in lieu of regularization or absorption, the directions issued by this Court shall be complied with.”
—AnyTV News
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