Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Laws – Absorption – Of persons engaged by Life Insurance Corporation of India as temporary/badli/part-time workers |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Labour Laws – Absorption – Of persons engaged by Life Insurance Corporation of India as temporary/badli/part-time workers – Claim for regularisation of workers employed from 20 May 1985 till 4 March 1991 – Dogra Report – Objections of LIC to the Dogra report – Tulpule and Jamdar Awards – Srivastav award – Validity of verification in the Dogra Report – Palpable conflict between decisions of the Supreme Court – Held: The conflict must be harmonised by taking recourse to jurisdiction under Art.142 of the Constitution – Directions accordingly issued in the facts and circumstances of the case – Service Law. Service Law – Public employment – Equal opportunity and fairness in public employment – Held: LIC as a statutory corporation is bound by the mandate of Arts.14 and 16 of the Constitution – As a public employer, the recruitment process of the corporation must meet the constitutional standard of a fair and open process – Allowing for back-door entries into service is an anathema to public service – A public employer such as LIC cannot be directed to carry out a mass absorption of over 11,000 workers on flawed premises without following a recruitment process which is consistent with the principles of equality of opportunity governed by Arts. 14 and 16 of the Constitution – Such an absorption would provide the very back-door entry, which negates the principle of equal opportunity and fairness in public employment – Constitution of India – Arts. 14 and 16. Labour Laws – Absorption – In Life Insurance Corporation – Interplay between the Industrial Disputes Act, 1947 and s.48 of the LIC Act 1956 – Discussed – Held: Mere fact that a person is appointed in a temporary capacity by LIC, does not entitle such a person ipso jure to seek absorption merely by virtue of or only by reason of such an appointment – Life Insurance Corporation Act, 1956 – s.48 – Life Insurance Corporation of India (Staff Regulations), 1960 – Regulation 8 – Industrial Disputes Act 1947 – – Service Law. Practice and Procedure – Precedent – Conflicting judgments of different Benches – Two-judge Bench not at liberty to take a final view at variance with binding decisions of a larger Bench and of a co-ordinate Bench – In case of difference of opinion, it had to refer the matter to a larger Bench. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 484 |
Petitioner | Ranbir Singh |
Respondent | Sk Roy, Chairman, Life Insurance Corp. Of India & Anr. |
SCR | [2022] 10 S.C.R. 986 |
Judgement Date | 2022-04-27 |
Case Number | 6950 |
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