Sunkupaku Vijaya Kanth vs. Life Insurance Corporation Of India

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble G.Narendar
Case Status:Unknown Status
Order Date:10 Dec 2024
CNR:APHC010557372024

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Order Issued After Hearing

Purpose:

For Admission (Fresh Matters)

Before:

Hon'ble G.Narendar , T.C.D.Sekhar

Listed On:

10 Dec 2024

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

TUESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT THE HONOURABLE SRI JUSTICE G.NARENDAR AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR

WRIT APPEAL Nos: 1015, 1016, 1017 AND 1018 of 2024

WRIT APPEAL NO: 1015 OF 2024

Writ Appeal under Clause 15 of the Letters Patent preferred against the order

dt. 15-11-2024 passed in W.P.No.16752/2013 on the file of the High Court.

Between:

    1. Vadlamudi Subbaiah, S/o Sri Venkata Subbaiah, Aged about 38 Years, Occ Temporary Employee, working at-LIC of India, Kandukur (67E) from 1.9.2005, R/o D.No. 10-3-67/3, Kotareddy Nagar, Kandukur, Prakasam District, A.P.
    1. D Madhava Rao, S/o Sri Musalaiah, Aged 42 Years, Occ Temporary Employee, working at-LIC of India, Kandukur (67E) R/o 10-3-75/14, Beside Ramana Bavi, Kota Reddy Nagar, Kandukur-523105, Prakasam District, A.P.
    1. Poluri Pavan Kumar, S/o Sri China Kotaiah, Aged about 40 Years, Occ Temporary Employee, working at-LIC of India, Ongole (Code-305) R/o Patchava Village, Zarugumalli Mandal, Prakasam District, A.P.
    1. K Siva Sankarachari, S/o Sri Basavachari, Aged about 42 Years, Occ Temporary Employee, working at-LIC of India, Ongole (Code-305), R/o 6-317A, Sai Baba Nagar, Kurnool Road, Ongole- 523 001, Prakasam District, A.P.
    1. Methala Srinivasa Rao, S/o Sri Gopala Krishna, Aged about 46 Years, Occ Temporary Employee, working at-LIC of India, Ongole (Code-305) R/o 4-58, Satyannarayana Puram, Opp. RTC Bus Stand, Ongole-523 001, Prakasam Dt.
    1. P.Ch.Siddalingeswar, S/o Sri Veeraiah, Aged about 54 Years, Occ Temporary Employee, working at-LIC of India, Kavali (Code 715) working at LIC of India Kavali Code 715 R/o D.NO.11-26-7K, Ramamruth Pet, Kavali-524201, Nellore District, A.P.
    1. M Masthan, S/o Sri M Veera Ayudu Aged about 43 Years, Occ Temporary Employee Kavali Code 715 Nellore District R/o D N010-46-79 Kacheri Mitta Kavali 524201 Nellore District, A.P.
    1. Agni Subrahmanyam, S/o Sri A Purushotham Aged about 53 years, Occ Temporary Employee, working at -LIC of India, Kavali (Code 715), R/o 10-50-10, Kachyerimatta, Kavali-524 201, Nellore Dt.

...Appellants/Writ Petitioners 1 to 7 & 9

AND

    1. Life Insurance Corporation of India, Rep. By Chairman, Mumbai Office at Yogakshema Jeevan Bima Marg Mumbai 400021
    1. Life Insurance Corporation of India, South Central Zonal Office Represented by its Zonal Manager Opp Secretariat Hyderabad A P
    1. The Senior Divisional Manager, Life Insurance Corporation of India Divisional Office Rep by its Senior Divisional Manager at Dargamitta Nellore 524 001 A P

...Respondents/Respondents

    1. G Mallikarjun, S/o Sri G Brahmaiah Working at LIC of India Kavali Code 715 Nellore District R/o.D No 1133653/A Tufan Nagar Kavali 524 201 Nellore District A P.
    1. K Nirajan, S/o Sri K Durgaiah Aged about 36 Years, Occ Temporary Employee, working at-LIC of India, Kavali (Code 715) from 1.1.2006, R/o Ramamruth Pet, Kavali-524201, Nellore District, A.P.

...Respondents/Petitioners 8 & 10

(Respondents 4 and 5 are not necessary)

IA NO: 2 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to continue the petitioners in the respondent corporation as temporary workers, pending disposal of the above writ appeal.

Counsel for the Appellant: SMT KAVITHA GOTTIPATI

Counsel for the Respondents: SRI BATHULA RAJ KIRAN (SC FOR LIC)

WRIT APPEAL NO: 1016 OF 2024

Writ Appeal under Clause 15 of the Letters Patent preferred against the order dt. 15-11-2024 passed in W.P.No.9666/2013 on the file of the High Court.

Between:

    1. Sunkupaku Vijaya Kanth, S o Ratna Kumar, Aged 40 years Occ. Temporary Employee of the L I C R/o D No 34-2-9/10A Kasturibaipet, Vijayawada, Krishna District, A P
    1. Vedulla Madhubabu, S/o Venkatanarayana, Aged 40years Occ. Temporary Employee of the L I C R/o Akulavari Street, Mallikarjunapet Vijavawada, Krishna District, A P
    1. Karise Sudhir Kumar, S/o Daveedu, Aged 36 years Occ Temporary Employee of the L I C R/o Tarirnela Nagi Reddy Street, Vijayawada, Krishna District A P
    1. Marre Nagaraju, S/o Krishna Mohan, Aged 43years, Occ Temporary Employee of the L I C R/o 34-2-9/10A, Kasturibai Pet, Vijayawada Krishna District, A.P.
    1. Vanguri Sambasiva Rao, S/o Nageswara Rao, Aged 40 years Occ D.No. $5 - 73$ Rao Yarraguntia Bhadra Employee $R/o$ $C/o$ Seetharampuram, Jaggaiahpet Krishna District A P
    1. Yanamandu Sivapadam, S/o Mukundam Aged 39 years, Occ Temporary Employee of the L I C R/o H No 7-462 RTC Colony, Torraguntapalem, Jaggaiahpet, Krishna District A P
    1. Dudigam Siva Nageswara Rao, S/o Kotaiah Aged 39years Occ Temporary Employee of the L I C R/o H No 7-920 RTC Colony, Torraguntapalem, Jaggaiahpet, Krishna District A
    1. Sheikh Kareemulla, S/o S.K. Khaja Aged 35 years Occ Temporary Employee of the L I C Markandeya Bazaar, Jaggaiahpet, Krishna District A P
    1. Pidatala Laksmaiah, S/o Venkateswarlu Aged 41 years Occ Employee, D.No. 10-63, Gandrai, Jaggaiahpet, Krishna District.

...Appellants

AND

    1. Life Insurance Corporation of India, Represented by its Chairman at Yogakshema Jeevan Bima Marg Mumbai 400021.
  • Life Insurance Corporation of India, South Central Zonal Office Represented by its Zonal Manager Opp Secretariat Hyderabad A.P.

...Respondents

IA NO: 2 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to continue the petitioners in the respondent corporation as temporary workers, pending disposal of the above writ appeal.

Counsel for the Appellants: SMT KAVITHA GOTTIPATI

Counsel for the Respondents: SRI BATHULA RAJ KIRAN (SC FOR LIC)

WRIT APPEAL NO: 1017 OF 2024

Writ Appeal under Clause 15 of the Letters Patent preferred against the order dt. 15-11-2024 passed in W.P.No.2346/2018 on the file of the High Court.

Between:

    1. J Premchand, S/o Bujji, Aged 37 years, Occ. Temporary Employee of Working since the $L.I.C.$ 1.4.2005, $R/o$ $4 - 966 - 2$ . Rajupet, Machilipatnam-521001, Krishna District, A.P.
    1. Nandika Satyanarayana, S/o. Appanna, Aged 48 years, $Occ.$ Temporary Employee, working in LIC Narsipatnam from 1.4.2002, R/o. 1-63, SC Colony, D-Yerravaram Village-531115, Visakhapatnam District, A.P.
    1. Yalamanchili Bangara Rao, S/o Pakalu Age 55 years, Occ. Temporary Employee, LIC of India Narsipatnam531117 R/o. 21/230-1, Kondala Agraharam, Makavarapalem Mandal-531113. Visakhapatnam District $AP$
    1. Chandu Srinivasa Rao, S/o Sri Siddaiah Age 44 years Caste OC Working since 1.1.2006 Present at C/o LIC of India Darsi Satellite Office Prakasam Dt AP Residence Address D No 2-126 Chunduri Palem Darsi Post Prakasam District -523247

...Appellants

AND

    1. Life Insurance Corporation, Central Office, Represented by its Chairman at Yogakshema Jeevan Bima Marg Mumbai 400021
    1. Life Insurance Corporation of India, South Central Zonal Office Represented by its Zonal Manager Opp Secretariat Hyderabad A P
    1. The Senior Divisional Manager, Life Insurance Corporation of India, Divisional Office Rep by its Divisional Manager at Kennedy Road, Machilipatnam 521 601 Krishna District, A.P.
    1. Senior Divisional Manager, L.I.C of India, Divisional Office, Visakhapatnam
    1. Senior Divisional Manager, L.I.C of India, Dargamitta, Nellore AP
    1. Addepalli Ramesh, S/o Sri Bhikshalu Aged about 56 years, Occ. Temporary Employee of the L.I.C. Working at LIC of India, Vuyyur 67R, Krishna District R/o House No 8162 Beside Sugar Hospital Katur Road Vuyyur 521 165 Krishna District.
    1. Valle Ashok, S/o Sri Bhaskara Rao Aged 35 years, Occ. temporary workmen of LIC Vuyyur Branch Office, Krishna, Address Near Ramalayam Gandigunta Vuyyur - 521 165 Krishna District.

...Respondents

IA NO: 2 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to continue the petitioners in the respondent corporation as temporary workers, pending disposal of the above writ appeal.

Counsel for the Appellants: SMT KAVITHA GOTTIPATI

Counsel for the Respondents: SRI BATHULA RAJ KIRAN (SC FOR LIC)

WRIT APPEAL NO: 1018_OF_2024

Writ Appeal under Clause 15 of the Letters dt. 15-11 -2024 passed in W.P.No.5496/2021 on Patent preferred against the order the file of the High Court.

Between;

V

    1. Jonnalagadda Srinivasa Rao, S/o Venkateswara Rao, Aged 47 years, Occ; Temporary watchman of the L.l.C, Working since-1.8.2003, R/o D.No.20-646, Lakshmanaraopuram, Machilrpatnam, Krishna District.
    1. Vusa Srinu, S/o Sri Venkata Rao, Aged about 48 years, Occ; Temporary Watchman of LIC, Working since 1.7.2005, Machilipatnam-521001, R/o H.No.9-333-4,Balaramunipet, Machilipatnam-521001.
  • 3.Petiti Suresh, S/o. Babu Rao, Aged 35 years,Occ. ; Temporary Employee of the L.l.C, Working from 2.5.2005,R/o. 29/161-1, Ogeispet, Machilipatnam, Krishna District, A.P.
  • 4.Kanaparthi Raghava Rao, S/o Adam, Aged 37 years, Occ; Temporary Employee of the L.l.C., Working since -1.6.2003,R/o. 20/698-23, RTC Colony, Machilipatnam, Krishna District, A.P.
  • 5.Karra Mani Kumar, S/o. Nancharaiah, Aged 40 years,Occ; Temporary Employee, Working in Divisional Office since 1.8.2002, R/o. 21/230-1, Sukarlabad,Machilipatnam, Krishna District, A.P.
  • 6.JujjuvarapuPremchand, S/o Bujji, Aged 37 years,Occ; Temporary Employee of the L.l.C., Working since 1.4.2005, R/o 4-966-2, Rajupet, Machilipatnam-521001, Krishna District, A.P.
  • 7.Papani Venkateswara Rao, S/o Veeraiah, Aged <sup>45</sup> years, Occ; Temporary Employee of the L.l.C., Worked from 1.4.2005 to 31.10.2017, R/o H.no.20-97, Patha Ramanna Pet, Machilipatnam-521001, Krishna District, A.P.

  • 8.Dumpa Siva Durga Kumaran, S/o. Rama Rao, Aged 44 years, Occ: Temporary Employee, Worked from 1.5.1997 to 6.5.2011, R/o H.no. 20-133, Kobbari Thota, Machilipatnam, Krishna District, A.P.
    1. Kalnedi S.V.Phani Kumar, S/o. Gajendra Rao, Aged 38 years, Occ: Temporary Employee, Worked in Divisional Office from 1.12.2005 to 31.10.2017, R/o.H.no.1-426, Chintaguntapalem. Machilipatnam-521001, Krishna District, A.P.

$\omega$ <sup>4</sup>

  • 10.N.Siva Sankara Bose, S/o. Pedda Satyanarayana, Aged 49 years, Occ: Temporary Employee, Worked in Gudivada Branch Office from 1.4.1997 to 1.10.2017, R/o. Pedapalaparru Post, Mudinepalli Mandal, Krishna District, A.P.
    1. Pothunudi Durga Prasad, S/o Raja Rao, Aged 39 years, Occ: Temporary Employee, Working in LIC of India, Gudivada Branch since 1.1.2006, R/o Pedaparupudi -521263.
  • 12.Dagani Ramesh, S/o Venkateswara Rao, Age 40 years, Occ: Temporary Employee, worked in LIC of India, DO-Machilipatnam from 1.4.2005 to 30.6.2018, R/o H.No.13-17, Khaza Post, Movva Mandal, Krishna District.
  • 13.Tokala Satish Kumar, S/o. Venkateswarlu, Aged 35 years, Occ: Temporary Employee, Worked in LIC-BO 686 from 1.12.2005 to 28.2.2013, R/o. H.no.41-1/14-161, Krishna Lanka, Vijayawada, Krishna District, A.P.
  • 14.Sanam Durga Rao, S/o. Ravindra Rao, Aged 39 years, Occ: Temporary Employee, Worked in LIC of India-BO 686, VJA from 1.10.2005 to 28.2.2013, R/o. H.no.2-31, Anantha Varam-522236, Thullur Mandal, Guntur District.
    1. Nandika Satyanarayana, S/o. Appanna, Aged 48 years, Occ: Temporary Employee, working in LIC Narsipatnam from 1.4.2002, R/o.1-63, SC Colony, D-Yerravaram Village-531115, Visakhapatnam District, A.P.

16.A. Srinu, S/o. Ganga Rao, Aged 36 years, Occ: Temporary Employee, Working in Narsipatnam LIC Branch from 1.4.2005, R/o.7-35, Battempet Village, Rolugunta Mandal, Visakhapatnam District, A.P.

I

I

  • 17.Y.Bangara Rao, S/o. Pakalu, Aged 55 years, Occ; Temporary Employee, Working in LIC Narsipatnam Branch from 21.4.1992, R/o. 21/230-1, Kondala Agraharam, Makavarapalem Mandal-531113.

  • IS.Chitikila Satyanarayana, S/o. Chinnodu, aged <sup>53</sup> years, Occ; Temporary Employee, worked in Narsipatnam LIC Branch from 21.4.1992 to 31.1.2011, R/o.Gangavaram Village, Vajragada Post, Makavaripalem Mandal-531113 A.P.

  • 19.Mareedu Rajendra Prasada Rao, S/o. VenkateswaraRao, Aged 40 years, Occ; Temporary Employee, Working in LIC Nuzvid from 1.6.2001, R/o Ananvaram Post, Nuzividu Mandal, Krishna District, A.P.

  • 20.Mendem Venkata Rao, S/o Sri Naga Bhsuhanam, Aged about 44 years, Occ; Temporary Employee, Working at LIC of India, Nuzvid(Code-693) from 1.3.2000, R/o H.No.3-256, Nehru Pet, Nuzvid- 521201, Krishna Dt.

  • 21.Banavathu Vijaya Kumar S/o. Balaswamy, Aged <sup>33</sup> years, Occ; Temporary Employee of the L.l.C. Nuzvid Branch and worked from 5.1.2006, R/o. Yadava Bazar, Hanumanthulagudem, Nuzivid Mandal, Krishna District, A.P.

  • 22.K.Sudhir Kumar, S/o. Daveedu, Aged 36 years, Occ; Temporary Employee of the L.I.C., Working Since-9.9.2003, R/o 35-10-22, Tharimella Nagireddy Street,New Giri Puram,Vijayawada.

  • 23.S.Vijaya Kanth, S/ o. Ratna Kumar, Aged 40 years, Occ; Temporary Employee of the L.l.C., Working since 1.9.2004, R/o D.No. 34-2-9/ 10A, Kasturibaipet,Vijayawada, Krishna District, A.P.

  • 24.Vedulla Madhubabu, S/o. Venkatanarayana, Aged 40 years,Occ; Temporary Employee of the L.l.C., Working since-2.6.2003, R/o. 34-2-9/1OA, Kasturibaipet, Vijayawada, Krishna District, A.P.

  • 25.Marre Nagaraju, S/o Krishna Mohan, Aged 43 years, Occ: Temporary Employee, Working in LIC-730 Branch from 1.4.2002, R/o 34-2-9/1OA, Kasturibai Pet, Vijayawada-520 010.

  • 26.Bhutham Rambabu, S/o. Daanam, Aged about 42 years, Occ: Temporary Employee, Worked in LIC of India,BO 699 from 16.11.2000 to 24.1.2013, R/o. 5-149, Thullur Village-522436.

  • 27.Bethala Joseph Stalin, S/o. Late Adam, Aged 36 years, Occ; Temporary Employee, Worked in LIC-699 Branch from 1.6.2004 to 24.1.2013, R/o Bethel Bible College, Seethamma Colony, Shalom Nagar, Guntur District, A.P.

  • 28.ThotapalliAdisesha Sharma, S/o Venkateswarlu, Aged 40 years, Occ; Temporary Employee, Working in LlC-699 Branch since 1.4.1999, R/o D.No.8-9-18, Nehru Nagar, 2nd lane, Guntur District, A.P.

  • 29.Shaik Subhani, S/o. ShaikMasthan, Aged 38 years,Working in LIC-699 Office from 1.4.2005, R/o Old Masjid Road, Muslim Bazaar, Amaravathi, Guntur District, A.P.

  • 30.Katta Praveen Kumar, S/o. Koteswara Rao, Aged 36Years, Occ; Temporary Employee, Worked in LIC-699 Branch from 5.3.2001 to 24.1.2013, R/o D.No.34-1-12,2nd Floor,2nd Lane, Sarada Colony, Guntur-522 002.

  • 31.Dasari Ravi Kumar, S/o. Rajan Babu, Aged 45 years, Occ; Temporary Employee, Working in LIC-699 Branch since 1.6.1998, R/o 9-20,Prakash Nagar, Pedakakani, Guntur District, A.P.

  • 32.Pilli Kanaka Raju, S/o Chandra Sekhara Rao, Aged 50 years, Occ; Temporary Employee, Working in LIC -699 Branch since 1.6.1998, R/o D. No. 9-214A, Prakash Nagar, Pedakakani, Guntur District A.P.

  • 33.G.Bala Krishnaiah, S/o Sri Veera Shankara Rao, Aged about 43 years, Occ; Temporary Employee, Working at LIC of India,City Branch II (699) from 1.12.2005 to 24.1.2013, R/o of 3-13B, Vellatur,Ponnur Mandal-522 029. /

/

34.Sattenapalli Mallikarjuna Rao, S/o Sri Basavaiah, Aged about 30 Years, Occ: Temporary Employee, Working at-LIC of India,Sattenapalli (67M) since 6.6.2001, R/o Near Poleramma Temple, Dhobhi Ghat, 26th Ward,Sattenapalli - 522403, Guntur Dt.

r ■

  • 35.Puli Vijaya Kumar, S/o Sri P.Kotaiah, Aged about 41 Years, Occ: Temporary Employee, Working at-LlC of India,Sattenapalli(67M) from 1.3.1993, R/o H.no.5-10-14, Nagarjuna Nagar, Sattenapalli - 522 403.
  • 36.P.Venkata Durga Prasad, S/o Sri Adinarayana, Aged about 27 Years, Occ: Temporary Employee, Working atLIC of India,Sattenapalli (67M) from 1.3.2005, R/o H.no.4-4-7, Atiuri Vari Street, Sattenapalli - 522403, Guntur Dt.
  • 37.Y.Sivapadam, S/o Mukundam, Aged 39 years, Occ: Temporary Employee, Working in LIC-67K Branch since 24.8.2004, R/o H.No.7-462,RTC Colony, Torraguntapalem, Jaggaiahpet, Krishna District, A.P.
  • 38.DudigamSivanageswaraRao(A/S DodigamSivanageswara Rao), S/o. Kotaiah, Aged 39 years, Occ: Temporary Employee, Working in LIC-67K Branch since 15.3.2003, R/o H.No. 7-920, RTC Colony, Torraguntapalem, Jaggaiahpet, Krishna District, A.P.
  • 39.VanguriSambasivaRao, S/o. NageswaraRao, Aged 40 years, Occ: Temporary Employee, Working in LIC-67K Branch since 4.5.2000, R/oC/o YarraguntlaBhadraRao, D.No.5-73, Seetharampuram, Jaggaiahpet, Krishna District, A.P.
  • 40.Pidatala Lakshmaiah S/o Venkateswarlu, Aged 41 years, Occ: Temporary Employee, Worked from LIC-67K Branch from 1.7.2001, R/o 10-63, Gandrai, Jaggaiahpet, Krishna District.
  • 41.Shaik Kareemulla, S/o. S.K.Khaja, Aged 35 years, Occ: Temporary Employee, Working in L1C-67K Branch from 10.8.2005, R/o Markandeya Bazaar, Jaggaiahpet, Krishna District, A.P.
  • 42.Bijanapalli Venkataiah, S/o Chinakuntaiah, Aged 46 years, Occ: Temporary Employee, Working in LIC of lndia-67L Bo from 1.4.1998, R/o Pathanagireddypalle,- Nuzandia Mandal, Guntur A.P.

43.Kasukoti Veera Reddy, S/o Venki Reddy, Aged 43 years, Occ; Temporary Employee, Working in LlC-Vinukonda Branch from 1.1.1997, Vittamrajupaili, Vinukonda, Guntur District, A.P.

/

  • 44.Madigani Stephen, S/o. Veera Swamy, Aged <sup>51</sup> years, Occ: Temporary Employee, Worked in LlC 67L Branch from 26.12.199, R/o 29-361, Kothapet, Vinukonda, Guntur, A.P.
  • 45.Mazeed Khan, S/o. Hyath Khan, Aged 39 years, Occ; Temporary Employee, worked from 1.5.2005 to 11.2012, R/o Rajupet, Machilipatnam, Krishna District, A.P.
  • 46.P.Ch.Siddalingeswar, S/o Sri Veeraiah, Aged about 54 Years, Occ: Temporary Employee, working at —LlC of India, Kavali (Code 715) from 1.1.2000, R/o D.N0.11-26-7K, Ramamruth Pet, Kavali-524201, Nellore District, A.P.
  • 47.M.Masthan Babu, S/o Sri M.VeeraAyudu, Aged about 43 Years, Occ: Temporary Employee, working at —LlC of India, Kavali (Code 715) from 1.3.2004, R/o D.No. 10-46-79, Kacheri Mitta, Kavali-524201, Nellore District, A.P.
  • 48.Agni Subrahmanyam, S/o Sri A.Purushotham, Aged about 53 years, Occ: Temporary Employee, working at —LlC of India, Kavali (Code 715) from 1.5.2001, R/o 10-50-10, Kachyerimatta,,Kavali-524 201, Nellore Dt.
  • 49.K.Nirajan, S/o Sri K.Durgaiah, Aged about 36 Years, Occ; Temporary Employee, working at-LlC of India, Kavali (Code 715) from 1.1.2006, R/o Ramamruth Pet, Kavali-524201,Nellore District, A.P.
  • 50 Vadlamudi Subbaiah, S/o Sri Venkata Subbaiah, Aged about 38 Years, Occ; Temporary Employee, working at-LlC of India, Kandukur (67E) from 1.9.2005, R/o D.No.10-3-67/3, Kotareddy Nagar, Kandukur, Prakasam District, A.P.

51 .D.Madhava Rao, S/o Sri Musalaiah, Aged about 42 Years, Occ; Temporary Employee, working at-LIC of India, Kandukur (67E) from 15.7.2003, R/o 10-3-75/14, Beside Ramana Bavi, Kota Reddy Nagar, Kandukur-523105, Prakasam District, A.P.

    1. Poluri Pavan Kumar, S/o Sri China Kotaiah, Aged about 40 Years, Occ: Temporary Employee, working at-LIC of India, Ongole (Code-305) from 1.1.2002, R/oPatchava Village, Zarugumalli Mandal, Prakasam District, A.P.
  • 53.K.Siva Sankarachari, S/o Sri Basavachari, Aged about 42 Years, Occ: Temporary Employee, working at-LIC of India, Ongole (Code-305) from 1.1.2001, R/o 6-317A, Sai Baba Nagar, Kurnool Road, Ongole- 523 001, Prakasam District, A.P.
  • 54.Methala Srinivasa Rao, S/o Sri Gopala Krishna, Aged about 46 Years, Occ: Temporary Employee, working at-LIC of India, Ongole (Code-305) from 2.2.2004, R/o 4-58, Satyannarayana Puram, Opp. RTC Bus Stand, Ongole-523 001, Prakasam Dt.
  • 55.Chandu Srinivasa Rao, S/o Sri Siddaiah, Aged about 44 Years, Occ: Temporary Employee, working at-LIC of India Darsi SO from 1.1.2006 and earlier worked at Addanki Branch, R/o 2-126, Chunduri Palem, Darsi Post-523247.
    1. Dasari Veera Raghavaiah, S/o Lakshmana Rao, Aged 50 Years, Occ: Temporary Employee, Working in LIC of India, Divisioanl Office, Machilipatnam from 1.9.2001, R/o H.no.15/207-20-1, Appellants/ Writ Machavaram, Machilipatnam-521001. ........ Petitioners 1 to 5, 7,8, 10

12 to 17, 19 to 23, 27 to 62 & 64

And

  • 1.Life Insurance Corporation of India, Central Office, Represented by its Chairman, at "Yogakshema" Jeevan BimaMarg, Mumbai 400021.
  • 2.Life Insurance Corporation of India, South Central Zonal Office, Represented by its Zonal Manager, Opp. Secretariat, Hyderabad-500 063, A.P.
  • 3.Life Insurance Corporation of India, Divisional Office, Rep by its Senior Divisional Manager, at Batchupet, Machilipatnam 521 001 Krishna District A.P.
  • Life Insurance Corporation of India, Divisional Office, Represented by its Senior Divisional Manager, Divisional Office, Dargamitta, Nellore-524003, AP

13

    1. Life Insurance Corporation of India, Divisional Office, Represented by its Senior Divisional Manager, ..Respondents/Respondents Divisional Office, Visakhapatnam-530004. $1$ to $5$
    1. Lingam Naga Babu, S/o Arjuna Reddy, Aged 41 years, Occ. : Temporary Employee, Worked in Machilipatnam LIC Office from 1.10.2005 to 31.10.2017, R/o 5-136, Maddala Harijanawada, Guduru, Krishna District, A.P.
    1. Devanaboyina Srinivasa Rao, S/o. Subba Rao, aged 51 years, Occ: Employee, Worked from 20.7.2002 to 30.6.2018, R/o.28-478, Charuvu Vari Street, Machilipatnam, Krishna District, A.P.
    1. Chakka Anil Kumar, S/o. Jaganmohana Rao, Aged 54 years, Occ: Temporary Employee, R/o. H.no. 23-232-5A, Noble College Road, Machilipatnam, Krishna District, A.P.
    1. Aguru Srinivasa Rao, S/o Sri Surya Rao, Aged 50 years, Occ: Temporary Employee, Worked in BO 67A, Vijayawada from 16.3.2003 to 1.2.2011, R/o. Muthyalampadu, Vijayawada, Krishna District, A.P.
  • 10.Bandaru Suresh, S/o. Satya Rao, Aged 33 years, Occ: Temporary Employee, Working in LIC-Nuzvid Branch since 5.1.2006, R/o. Ramalayam Street, Nuzivid-521201, Krishna District.
  • 11.Oggu John Raju, S/o Sri Kutumba Rao, Aged about 59 years, Occ: Temporary Employee, Working at LIC of India, Nuzvid(Code-693) since 5.3.1996, R/o 1-37, Nehru Pet, Nuzvid – 521201, Krishna Dt.
    1. Govada Dileep Kumar, S/o Sri China Dasu, Aged about 37 years, Occ: Temporary Employee, Working at -LIC of India, Nuzvid(Code-693) since 8.4.2005, R/o H.No.23-895, M.R.Appa Rao Colony, Nuzvid-521201, Krishna Dt.
  1. S.Lakshman KumarS/o Sahadevalingam, Aged <sup>43</sup> years, Occ: Temporary Employee, Worked in LIC Tenali Branch from 1.3.2001 to 31.1.2019, R/o Dayanada Vari Street, M.S.Palem Tenali Post, Guntur District. ♦

.... Respondents/Writ Petitioners 6,9,11,18. 24 to 26 And 63

(Respondents 6 to 13 are not necessary parties)

lA NO: 2 OF 2024

Petition under Section <sup>151</sup> CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to continue the petitioners in the respondent corporation as temporary workers, pending disposal of the above writ appeal.

Counsel for the Appellants: SMT KAVITHA GOTTIPATI

Counsel for the Respondents: SRI BATHULA RAJ KIRAN (SC FOR LIC)

The Court made the following common judgment:

52*

HON'BLE SRI JUSTICE G.NARENDAR AND

HON'BLE SRI JUSTICE T.C.D. SEKHAR

WRIT APPEAL Nos. 1015, 1016, 1017 AND 1018 of 2024

COMMON JUDGMENT:- (per Hon'ble Sri Justice G.Narendar)

  1. In view of the common facts, all the three appeals are being considered together, for passing a common order.

  2. We have heard the counsels in detail. The matter lies in <sup>a</sup> narrow compass. Hence the appeals are taken for disposal at the stage of admission.

  3. The case of the appellants is that they have been working as daily wage employees with the respondent-organization since 20 years. The Hon'ble Apex Court in the case of LIC of India and anr vs D.V.Anil Kumar and anr, was pleased to issue the following directions:

"In that view of the matter, these appeals are disposed of with the direction that the respondents shall be absorbed in terms of the afore-extracted policy as expeditiously as practicable and in any case not later than six months from today."

\ L

r

  1. It is apparent that the Hon'ble Apex Court had directed the respondent therein, which prima facie, would also have included the appellants.

It is the case of the appellants that only such persons who have issued service certificates alone, are permitted to take the examination, though service certificate was not mandated as the directions of the Hon'ble Apex Court. 5. per

  1. In support of it, the learned counsel would refer to the document dated 23.02.2004, which reads as under:

"Re: Service Certificates of Temporary Workmen.

We have received few queries from some of the offices seeking our advice whether or not to issue service certificates to the temporary employees.

In this regard, we would once again like to reiterate that no office of LICI should issue any service certificate to the temporary employees. It Is to be brought to the notice of all the offices/officers under your control that the Issuances of any certificate to any temporary employee will be viewed as a serious offence and will Invite strict action against the erring officials. ''

The learned counsel has also placed reliance on the communication, dated 08.09.2012 addressed to the Manager to contend that the petitioners were employed with the respondent-7.

organization even prior to the directions issued by the Hon'ble Apex Court.

f

  1. Per contra, learned counsel for the respondent would vehemently contend that the service certificates were not issued to the petitioners for the reason that they were irregular in employment or in other words, they were not regularly employed by the various branches and in that view, the service certificates were denied. These are factual aspects and there is no material which categorically demonstrates either this way or the other way.

  2. The learned counsel for the respondent would further contend that there is no question of the respondent-organization trying to avoid or support the directions of the Hon'ble Apex Court.

  3. Be that as it may, the fact remains that the appellants are discharging duties in their posts even as on today, though under the cover of interim order granted by the learned Single Judge while entertaining the Writ Petition. In that view and also in view of the directions be issued by us while disposing of the appeal. the interest of the appellants requires to be protected*

3

  1. As noted supra, the material relied upon by the appellants is indicative of their employment. However, whether their employment was continuous or if there were any breaks, would depend from the records that may be in the possession of the respondent-organization. The period involved is over two decades. It would result in a humongous task for this Court to do an appreciation of the fact, even after records are made available.

  2. In that view, we are of the considered opinion that the learned Single Judge has erred in not appreciating this aspect of the matter more particularly, the material referred to by us. The additional material that is also placed is the report of the C.B.I., which appears to be vindicating the case that is now canvassed before this Court.

  3. Be that as it may, we have queried the learned counsel for the respondent as to whether the appellants may be permitted to submit their individual representations and if such individual representations are made, would the same be considered strictly in accordance with the records on the hand and the law of the land, for which the learned counsel for the respondent would fairly consent to the same.

sa»

4

  1. In that view, we are of the opinion that the instant Writ Appeals could be disposed of by setting-aside the orders of the learned Single Judge and further directing the appellants to submit their detailed representations, individually within 15 days from the date of receipt of the copy of this order.

  2. The representations shall be submitted individually and shall detail all the facts that are required for the appreciation of the case by the respondent-organization.

  3. The representations shall be wholesome and shall not lack in material particulars. If any information is sought by the employees, the same shall be furnished within <sup>a</sup> week and in such cases, the 15 days time schedule shall stand extended by <sup>a</sup> week.

  4. In that view, the order of the learned Single Judge is hereby set-aside. The appellants are directed to submit their individual representations within 15 days from the date of receipt of the copy of this order. The individual representations of the appellants shall be considered separately and separate orders shall be passed by the respondent-organization, after considering

5

the facts noted by this Court and after taking into consideration the law governing the subject. At any rate, the consideration shall be within an outer limit of four (04) months from the date of receipt of the representations and in the event, the respondentorganization requires further time, the respondent-organization shall ten (10) days prior to the lapse of the time stipulated by this Court, seek from this Court for extension of time period. Till such consideration or disposal of the representations, the appellants shall be continued in the posts, in which they are discharging their duties.

  1. Accordingly, the Writ Appeals are allowed in part, in the above terms. There shall be no orders as to cost.

As a sequel thereto, the miscellaneous petitions, if any pending in these Writ Appeals shall stand closed.

Sd/- E. KAMESWARA RAO JOINT REGISTRAR //TRUE COPY//

To,

  • SECTION OFFICER 1. The Chairman, Life Insurance Corporation of India, Central Office Yogakshema Jeevan BimaMarg, Mumbai 400021. at

    1. The Z^al Manager, Life Insurance Corporation of India, South Central Zonal Office, opp. Secretariat, Hyderabad-500 063, A.P.
    1. The Senior Divisional Manager, Life Insurance Corporation of India, Divisional Office, at Batchupet, Machilipatnam 521 001 Krishna District /A. <sup>I</sup>
    1. The Senior Divisional Manager, Life Insurance Corporation of India, Divisional Office, Divisional Office, Dargamitta, Nellore-524003 ,A.p!
    1. The Senior Divisional Manager, Life Insurance Corporation of India, Divisional Office, Divisional Office,Visakhapatnann-530004.
    1. The Senior Divisional Manager, Life Insurance Corporation of India, Divisional Office Rep by its Divisional Manager at Kennedy Road, Machilipatnam 521 601 Krishna District, A P
    1. The Senior Divisional Manager, L.I.C of India, Divisional Office, Visakhapatnam
    1. The Senior Divisional Manager, L.I.C of India, Dargamitta, Nellore AP
  1. One CC to Smt Kavitha Gottipati, Advocate [OPUC]

One CC to Sri Bathula Raj Kiran, (SC FOR LIC) [OPUC] $10.$

Two CD Copies $11.$

RAM

HIGH COURT

DATED:10/12/2024

COMMON JUDGMENT

WA.Nos.1015, 1016, 1017 & 1018 of 2024

PARTLY ALLOWING ALL THE WRIT APPEALS WITHOUT COSTS