WP(C) 377 and 378 of 2016. Case: Aparesh Das and Ors. Vs Life Insurance Corporation of India and Ors.. Tripura High Court
| Case Number | WP(C) 377 and 378 of 2016 |
| Counsel | For Appellant: P. Roy Barman, Advocate and For Respondents: N. Majumdar, Advocat |
| Judges | S.C. Das, J. |
| Issue | Service Law |
| Judgement Date | January 03, 2017 |
| Court | Tripura High Court |
Judgment:
S.C. Das, J., (At Agartala)
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Identical facts and questions of law are involved in both the writ petitions. So both the writ petitions were heard together on the prayer of learned counsel for the parties and this common judgment is passed which shall govern both the writ petitions.
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Heard learned counsel, Mr. P. Roy Barman for the petitioners and learned counsel, Mr. N. Majumdar for the respondents in both the cases.
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Respondent No. 1 formulated a scheme, namely, "LIC of India (Financial Services Executive) Scheme 2007" and under that scheme time to time engaged Financial Service Executives under certain definite terms and conditions on contractual services. The petitioner of WP(C)377/2016 was engaged on 02.05.2008 and the petitioner of WP(C)378/2016 was engaged on 05.05.2008 after following a selection process in due course. After engagement they were also given necessary training as prescribed under the Scheme.
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It is an admitted position that the engagement was made on contractual basis initially for three years and thereafter it was extended time to time.
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It is also an undisputed position that the petitioners rendered their services as per the Scheme satisfactorily and they fulfilled the target fixed by the respondent - Corporation.
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By a letter dated 30.06.2015 (Annexure-P/6 to the writ petition) the petitioner of WP(C)377/2016 was informed that the contractual services as a Financial Services Executive shall automatically cease on 31.05.2016. By writing a similar letter dated 30.06.2015 (Annexure-P/9 to the writ petition) the petitioner of WP(C)378/2016 was similarly informed that his services also will automatically cease on 31.05.2016. It was stipulated in the impugned letters dated 30.06.2015 that on completion of 8th year of contractual period of service as Financial Services Executive the petitioners will be no longer in the job and the contractual service will end on that date.
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It is the case of the petitioners that the scheme is still in force and while the scheme is still in force and not abandoned or closed by the Corporation, the services of the petitioners cannot be discontinued. They have a right to render their services as Financial Services Executive so long the scheme is in force and continued by the respondent-Insurance Co.
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Learned counsel, Mr. Roy Barman appearing for the petitioners has heavily relied on the decision of the Apex Court in the case of Md. Abdul Kadir and Anr. V. Director General of Police, Assam and Ors., reported in (2009) 6 SCC 611 and submitted that so long the scheme is in force, the petitioners should be allowed to continue their services as Financial Services Executives since they fulfilled all the terms and conditions of their engagement and have given beneficial business to the Corporation as Financial Services Executives.
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He has also relied on the decision of the Gauhati High Court in WP(C)597 of 2009 and WP(C)3867 of 2010 (judgment pronounced by Hon'ble Justice T. Vaiphei in the Single Bench) wherein the Gauhati High Court relying on the decision of the Apex Court in Md. Abdul Kadir (supra) has held that so long the scheme formulated...
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