Wage Revision

MY   DEAR   MADHURI,

                                          LOK   ADALAT    WILL   NOT         B     FRUITFUL. .    PLEASE   FILE    A    SUIT   IN    THE   CENTRAL    ADMINISTRATIVE     TRIBUNAL      OR       IN    THE   HIGH   COURT   OF   U'R     STATE.

Dear Ms. Meenakshika,

You are absolutely correct.  Your rights to receive arrears for the period from 1.8.2007 to the date of resignation cannot be denied  under any circumstances.  There is no logic whatsoever in the gazette notification.

I am not sure what is the forum for the LIC employee for filing a case - whether Central Administrative Tribunal etc. - whatever the forum, check up with your earlier colleagues they will tell you - and you have to get solution to the matter only through the Court.  You have to challenge the offending provisions in the Gazette.  You have also to see whether  notification relating to earlier such wage revision contained similar clause and if so, whether any one agitated and got relief.

Before approaching the court, you have to make a proper representation to your LIC authorities demanding the wage revision for you also for the period 1.8.2007 to the date of resignation.  Obviously, they will refuse to grant such a benefit.  On that basis you have to proceed further.

BUT SURELY YOU WILL WIN.  Once a person on the rolls of LIC on 1.8.2007 is entitled to the benefit of wage revision, no one on earth can deny you such a right, since you were on the rolls on that date.  YOU AND YOUR SIMILARLY PLACED COLLEAGES HAVE A VERY VERY GOOD CASE TO FIGHT & SUCCEED.

ALL THE BESTS. 

Wait for a while. You will get the arrears and the gratuity since the LIC is wrong in refusing the benefits to the Ex- and resinged employees when it is pointed out .

Dear Sir, I am Practicner in Labour Law In Meerut-

Dear Meenakshika

I was an class I officer and i resigned from GIC on 01.8.2008, and when i requested to settle the arrear due to revision in salary, i got a reply from General Ins. Corp, Delhi that the Class I officers resigned from the Insurance. from 1.8.2007 to 8.10.2010 is NOT eleigible for arrears as per circular.

Have you taken any action by filing a case or any of your friends/collegues have initiated in this regard. Kindly let me know because, two of my friends also resigned during this period and they have also got the same letter from GIC. Kindly let us know  it will be beneficial to all of us.

Kumar

Dear Meenakshila.

I have seen the letrter issued from personnel department of LIC. This is an office order, not notification as you have stated. Moreover, this order is discriminatory and against the basic principles of natural justice. since LIC is an body of government and is state under article 12 of the Constitution. as such you may challenge the said provision of officer order before High Court by way of writ. I am sure this provision will be struct down.

Dear officer,

i have also worked with LIC as an AAO from 3-09-2007 to 31-12-2008. i also wish to contest the LIC wage revision notificatio where ex-officers who resigned before the date of declaration of wage revision , are not entitiled for arrears. In previous wage revision-2002 there was same clause/restriction. Presently I am with income tax deptt as an Inspector at Nashik.  on net  i found Supreme court ruling  in a case that payment of arrers to employees is a discretion of the employer in same case i could not found details.It is also remarkable that my appointment letter to the post of AAO   has given THE BASIC PAY at Rs. 11110-540-xyzx ( revision due).   besides me there are my fellow officers  who resigned from LIC and wish to contest the wage notification.we will be happy to go along with you if  you and your friends wish to appeal in court. First we have to apply for arrears from LIC then we may go further.

thanking you, with regards from amit,  09890108495

Thanks for the replies posted by different people.

Amit, can you give me you email id so that I can send you the details. I and my friends have represented, I mean sent letter to lic. waiting for reply. Will keep you updated. Meanwhile, you with your fellow officers also represent. This will give weightage, you people have joined central government organization and we have also joined Insurance regulatory. They may consider.

Hence send your request letter immediately. And dont forget to give me your email id.

Hi one and all,

                 This is Bhupendar Singh, Assistant Manager, NABARD. Iam also an Ex-LICian and facing same sort of problem. I was posted as a Development Officer in Haldwani division.and resigned on 30.11.2009.

But my case is more complicated that i may brief. I seek kind attention and suggestions of you all especially lawyer community. also please get in touch with me and file writ petition altogether, this will strengthen our cause.

As soon as the wage revision was declared in LIC i applied for my arrear. The BM who is good friend of mine was not aware of that clause(so was i) and immediately acted upon my application and get the arrears credited to my account on 15.10.2010 without discussing with Division office. Now he came to know about that clause and rang me to return the same amount to LIC's account.I told him to advise in writing. But the Division office is planning to take action against the Staff and Officers involved in the payment. Also till now i have not received any letter from their side. But i came to know from my another friend that they are in process to send me a legal notice to me. Now please help me out what should i do:

1) should i return or not the amount?

2) Can they send me legal notice on verbal grounds only?

3)  What about filing a writ petition against that clause?

4) What are our chances to win the case?

Please reply soon....

My Mobile no. 8103345025

Email id- bhuppidolic@yahoo.com

Hi Bhupendar,

As per my knowledge, they cannot take any legal action until they give in writing to return the amount. Moreove you applied through proper channel to pay you the arrears. Hence you have done the right part by applying to your bm to pay the arrears. It is the bm who should have sought the advise of divisional office whether to pay or not. Legal notice can only be issued if you refuse to return the amount after they have sent a letter to you to return the same.

And if they send a legal notice to you, you can easily protect yourself saying no letter received from them, only verbally informed. Verbal or oral information cannot act as a witness in any of the courts or tribunals. If lic goes to court, in such a case, you need to surrender the amount to the court not lic. I mean you file the case stating that you were full time employee of lic during the said period, hence eligible for arrears. when you file that suit, court will ask to surrender the amount to the court and until the case is decided, the arrears paid to you will be in the custody of court.

Hi to All,

it seems there are lot of ex-lic people who are eligible for arrears. why not we all make a forum and discuss what to do.

if you all people give me your email ids, we can discuss what to do. we can also take legal opinion in this matter so that lic and gic people can suit a single case if possible. 

I will initiate the process. we are all scattered in different parts of the India. This is the only way to communicate and do something. Already two months over from the date of notification i.e. 13/10/2010.

those who agree with me, kindly send a mail to chitravk05@gmail.com. thereafter we can directly communicate through mails instead of using this forum which is at time inconvenient.

shukla_amit003@yahoo.co.in

from amit, Nashik

Hi all

I am Maha and I have joined the forum today, as I face the same problem.  I was working with National Insurance Co. Ltd for the past 15 years.  i resigned from my service during September 2010.  I was relieved exactly on 8.10.2010 on which date the wage revision scheme was announced and if I had been relieved one day later, I would have got my arrears.  I was not paid any arrears so far. What should I know. Please let me know the developments.

Dear Mah, 

It is very difficult to reply abruptly without seeing the orders of implementation of scheme and copy of the relieving order. The time when you were relieved. In case, your were relieved in after noon, you are entitle for benefit  of scheme.