Hashmuddin vs. Life Insurance Corporation Of India Through Its Chairman
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Order Issued After Hearing
Purpose:
Next Week / Week Commencing / C.O.Week
Before:
Hon'ble Sanjay Kishan Kaul, Hon'ble K.M. Joseph
Stage:
Service Matters : Regularisation of ad-hoc employees etc.
Remarks:
List On (Date) [18-09-2019]
Listed On:
29 Aug 2019
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
2/2015,54959/2016,69337/2016,74553/2016,85970/2016,5/2017,6/2017,
Original Order Copy
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Order Text
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.7677 OF 2019
KHAN CHAND JAUHARI & ORS. ... APPELLANT(S)
VS.
LIFE INSURANCE CORPORATION OF INDIA THROUGH ITS CHAIRMAN & ORS. ... RESPONDENT(S)
WITH
CIVIL APPEAL NO.7678 OF 2019
DEEPAK KUMAR MAURIS & ORS. ... APPELLANT(S)
VS.
LIFE INSURANCE CORPORATION OF INDIA & ORS. ... RESPONDENT(S)
O R D E R
On hearing learned counsel for the parties, we do not see that a case is made out for regularization, but these appellants having worked for a long period of time, they may be continued in a temporary status.
If the aforesaid requires some transfers to be made in view of the limitation of permanent vacancies, it would be open to the respondent to do so. Digitally signed by SARITA PUROHIT Date: 2019.10.17 13:40:24 IST Reason: Signature Not Verified
The civil appeals are dismissed. Pending applications stand disposed of.
...........................J. [SANJAY KISHAN KAUL]
...........................J. [SURYA KANT]
New Delhi; 1st October, 2019. 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).2268/2011 HASHMUDDIN & ORS. Appellant(s) VERSUS LIFE INSURANCE CORPORATION OF INDIA & ORS. Respondent(s) (With appln.(s) for directions) WITH C.A. No.7676/2019 (III-A) (With appln.(s) for directions) C.A. No.4629/2011 (III-A) (With appln.(s) for recall of the order, impleadment , directions and permission to file annexure for exemption from filing O.T.) C.A.No.2571/2013 (III-A) (With appln.(s) for recall/modification of order and permission to file additional documents) C.A.No.7677/2019 (III-A) (With appln. for directions) C.A.Nos.4703-4735/2016 (IV-A) (With appln. for directions) W.P.(C) No.851/2016 (X) C.A. No.7678/2019 (III-A) (With appln. for exemption from filing O.T.) Date : 01-10-2019 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE SURYA KANT For Appellant(s) Mr. Pramod Swarup,Sr.Adv. Ms. Anjani Aiyagari,AOR Mr. R. Basant,Sr.Adv. Ms. Anjani Aiyagari,AOR Mr. Sanjay Parikh,Sr.Adv.
Mr. Anurag Dubey,Adv.
ITEM NO.101 COURT NO.11 SECTION III-A
Ms. Anu Sawhney,Adv.<br>Mr. Satpal Wadhwa,Adv.<br>Mr. Pramod Kumar,Adv.<br>For Mr. S.R. Setia,AOR | |||
---|---|---|---|
LIC | Mr. Kailash Vasdev,Sr.Adv.<br>Mr. Puneet Taneja,AOR<br>Ms. Laxmi Kumari,Adv. | ||
Ms. Divya Roy,AOR<br>Mr. Surjeet Singh,Adv.<br>Ms. Sneha Z. Masani,Adv. | |||
Mr. Nitin Kumar Thakur,AOR | |||
LIC | For Respondent(s) | Mr. Kailash Vasdev,Sr.Adv.<br>Mr. Ashok Panigrahi,AOR<br>Mr. Anmol Tayal,Adv.<br>Mr. Nabab Singh,Adv. | |
Mr. Aniruddha P. Mayee,AOR<br>Mr. K. Subba Rao,Adv.<br>Mr. A. Rajarajan,Adv. | |||
Dr. Nishesh Sharma,Adv.<br>Mr. Anmol Chandan,Adv.<br>Ms. Anil Katiyar,AOR | |||
Mr. Sarvam Ritam Khare,AOR<br>Mr. A.V. Rangam,AOR<br>Mr. Chandra Bhushan Prasad,AOR | |||
UPON hearing the counsel the Court made the following<br>O R D E R |
C.A.Nos.2268/2011, 7676/2019, 4629/2011 & 2571/2013 :
On hearing learned counsel for the parties, the only aspect which we are inclined to consider is whether time period spent by the appellants in a temporary status can be counted for pay fixation. We believe that since the time period, for which these appellants have worked with the respondent, was itself not really temporary as the period went on from about 6 to 16 years. Being a public sector enterprise in a social welfare State, the respondent may consider this issue sympathetically.
Learned counsel for the respondent seeks some time to
4
get the issue examined and revert back to the Court.
As prayed for, time is granted for the said purpose. List for directions on 19.11.2019.
C.A.Nos.4703-4735/2016 :
List on 19.11.2019.
W.P.(C)No.851/2016 :
None has been appearing for the petitioner. On the last date, i.e., 21.8.2019, it was the same position. Even today, nobody has appeared.
The writ petition is dismissed. Pending application, if any, stands disposed of.
C.A.Nos.7677/2019 & 7678/2019 :
The civil appeals are dismissed in terms of the signed order.
(Beena Jolly) (Sarita Purohit) Branch Officer AR-cum-PS
(Signed order in C.A.Nos.7677 & 7678 of 2019 is placed on the file)