Tamilnadu Terminated Full Time … vs Mr. Siddhartha Mohanty The Chair Person … on 24 July, 2026

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    Tamilnadu Terminated Full Time … vs Mr. Siddhartha Mohanty The Chair Person … on 24 July, 2026

                                          IN THE SUPREME COURT OF INDIA
                                              INHERENT JURISDICTION
    
    
                                        CONTEMPT PETITION(C) No. 555/2026
                                              @ Diary No. 5162/2025
                                                       in
                                               C.A. No. 6950/2009
    
    
    
    
         TAMILNADU TERMINATED FULL-TIME TEMPORARY LIC EMPLOYEES
         ASSOCIATION                                  Petitioner(s)
    
                                                            VERSUS
    
         MR. SIDDHARTHA MOHANTY THE CHAIR PERSON LIFE INSURANCE
         CORPORATION OF INDIA & ORS.                  Respondent(s)
    
    
                                                    AND WITH
    
                                       CONTEMPT PETITION(C) No.     /2026
                                           @ Diary No(s). 34193/2025
                                                       IN
                                               C.A. No. 6950/2009
    
    
    
    
                                                    O R D E R
    

    1. Delay condoned in Diary No. 5162/2025.

    2. These Contempt Petitions seek initiation of proceedings

    SPONSORED

    against the contemnor/opposite parties for flouting orders

    dated 18.03.2015 and 09.08.2016 passed in Civil Appeal No.

    6950/2009 and Contempt Petition No. 459/2015, respectively.

    Signature Not Verified

    3.
    Digitally signed by
    PRIYANKA MALIK
    A brief narration of background facts would be apposite.
    Date: 2026.08.04
    13:29:50 IST
    Reason:

    The Ministry of Labour, Central government, in exercise of its
    statutory power under section 10 (1)(d) read with Section 2A

    of the Industrial Disputes Act, 1947 referred the following

    dispute for adjudication to the Central Government Industrial

    Tribunal:

    “Whether the action of the management of Life Insurance

    Corporation of India in not absorbing badli/ temporary

    and part-time workmen employed in the establishment of

    LIC after 20.5.1985 is justified, if not, to what relief

    are the workmen entitled?”

    4. The above reference culminated in an award dated

    18.06.200l. The award was challenged before Delhi High Court.

    A Single Judge of the Dehi High Court set aside the award vide

    order dated 15.04.2006. The judgment of the Single Judge was

    challenged in an intra-court appeal before the Division Bench.

    The appeal(s) were also dismissed vide order dated 21.03.2007.

    Aggrieved therewith civil appeals came to be filed before this

    court which were allowed vide order dated 18.03.2005 thereby

    restoring the award and directing its implementation. The

    operative portion of the order dated 18.03.20151 reads as

    under:

    “54. It is needless to mention that since we are of the
    view that the award passed by CGIT in ID No.27 of 1991 is
    legal and valid, it shall be restored and implemented by
    the Corporation by absorbing the workmen concerned in the
    permanent posts and if they have attained the age of
    superannuation, the Corporation will be liable to pay all

    1 1 See: Tamil Nadu Terminated Full Time Temporary LIC Employees Association v. Life Insurance Corporation
    of India & Ors.
    , (2015) 9 SCC 62
    consequential benefits including the monetary benefits
    taking into consideration the pay scale and revised pay
    scale from time to time by the Corporation.”

    5. Application(s) seeking review of the order dated

    18.03.2015 were filed. In between contempt petitions were also

    filed. The entire bunch of cases including review petition(s)

    and contempt petition(s) were disposed of by this Court vide

    order dated 09.08.20162, the operative portion of the said

    order reads thus:

    “14. For the limited purpose of modifying the relief
    granted in the civil appeal only with regard to the back
    pages, we directed Mr. Ashok Panigrahi, the learned
    counsel appearing on behalf of the review petitioner LIC
    to submit a document containing the pay scales indicating
    the basic pay and other emoluments payable to the workmen
    concerned. The same were furnished with the periodic
    revisions in the years 1992, 1997, 2002, 2007 and 2012,
    without furnishing the other component figures which
    would be the gross salary of the different classes of
    workmen in the present dispute. These periodic revisions
    of pay of basic salary, along with other component
    figures comprising the gross salary including dearness
    allowance, house rent allowance etc. etc., as applicable,
    must be accounted for while computing the amount due to
    the workmen towards the back wages.

    15. The temporary and badli workers of LIC, who are
    entitled for regularization as permanent workmen in terms
    of the impugned judgment and order dated 18.03.2015
    passed by this court, by applying the terms and
    conditions of the modified award dated 26.08.1988 passed
    by Justice Jamdar, are held to be entitled to full back
    wages as well. However, keeping in mind the immense
    financial burden this would cause to LIC, we deem it fit
    to modify the relief only with regard to the back wages
    payable and therefore, we award 50% of the back wages
    with consequential benefits. The back wages must be
    calculated on the basis of the gross salary of the
    workmen, applicable as on the date as per the periodical

    2 2 See: Tamil Nadu Terminated Full Time Temporary LIC Employees association v. S.K. Roy, Chairman Life
    Insurance Corporation of India & Anr., (2016) 9 SCC 366
    revisions of pay scale as stated supra. The computation
    must be made from the date of entitlement of the workmen
    involved in these cases, that is, their absorption, till
    the age of superannuation, if any workman concerned has
    attained the age of superannuation as per the regulations
    of the review petitioner LIC, as applicable to the
    workmen concerned.”

    6. Thereafter, curative petition was filed which too was

    dismissed on 22.02.2017.

    7. The grievance of the contempt petitioner, inter alia, is

    that LIC though absorbed few workmen in compliance of the

    award but treated the same as fresh appointment and has also

    denied the benefit of back wages with pay revisions as

    envisaged under the award affirmed by this Court and

    therefore, contemnor opposite parties are in gross contempt of

    this Court having flouted the aforesaid orders.

    8. The learned Attorney General as well the other counsels

    representing the respondents have invited our attention to a

    three-Judge Bench decision of this Court in Ranbir Singh vs.

    S.K. Roy, Chairman, Life Insurance Corporation of India and

    Another3, wherein this Court after considering the earlier

    decisions dated 18.03.2015 and 09.08.2016 has ordered as

    under:

    “92. For the reasons recorded above during the course of
    analysis, LIC as a statutory Corporation is bound by the mandate
    of Articles 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.

    3 3 (2023) 17 SCC 196

    93. In structuring the relief in present proceedings, it is
    essential to recapitulate the key legal findings that will govern
    the determination of rights and equities:

    93.1. On 7-2-1996, a two-Judge Bench of this Court
    in LIC v. Workmen [LIC v. Workmen Civil Appeal No. 1790 of 1989,
    order dated 7-2-1996 (SC)] had accepted the terms of compromise
    which was arrived at on 1-3-1989 between the management of LIC
    and eight unions, and imposed them upon the ninth union as well.

    In addition, the two-Judge Bench of this Court had issued certain
    directions:

    (a) LIC should exempt Class IV workers from a test and
    interview, if the management has the power to do so under the
    regulations/instructions governing their conditions of
    service; and

    (b) In the event that the management of LIC does not possess
    such a power, the test to be prescribed for these workers
    would be of a lesser standard compared to other applicants
    from the open market till the next regular recruitment;

    93.2. On 23-10-1992, a three-Judge Bench of this Court, while
    disposing of the civil appeals in E. Prabhavathy [E.
    Prabhavathy v. LIC SLP (C) No. 10393 of 1992, order dated 23-10-
    1992 (SC)] , specifically accepted the scheme formulated by LIC
    for regularising the workers who were engaged on a temporary
    basis. The scheme was also specifically incorporated as a part of
    the order in the following terms:

    “(a) All those temporary employees who have worked for 85 days
    in any two consecutive calendar years with the Life Insurance
    Corporation between 20-5-1985 uptil date and who conformed to
    the required eligibility criteria for regular recruitment on
    the dates of their initial temporary appointment will be
    permitted to compete for the next regular recruitment to be
    made by the Life Insurance Corporation after the regular
    recruitment for these posts currently scheduled for November
    1992.

    (b) These candidates will be considered on their merits with
    all other candidates who may apply for such appointments,
    including those from the open market.

    (c) These candidates will be given an age relaxation for
    applying for regular recruitment provided that they were
    eligible on the date of their first temporary appointment for
    securing regular appointment with the Life Insurance
    Corporation.

    (d) If these candidates are otherwise eligible, they can apply
    for regular recruitment in the normal course. This
    regularisation will, in the circumstances, be by selection for
    appointment. We make the above clauses of the scheme as part
    of our order.”

    The three-Judge Bench in E. Prabhavathy [E.
    Prabhavathy v. LIC SLP (C) No. 10393 of 1992, order dated 23-10-

    1992 (SC)] held that the scheme proposed by LIC is reasonable and
    that : (a) the regularisation will be by selection for
    appointment; and (b) the above clauses of the scheme would
    constitute a part of the order of this Court;

    93.3. On 22-11-2001, a two-Judge Bench of this Court in G.
    Sudhakar [LIC v. G. Sudhakar Civil Appeal No. 2104 of 2000, order
    dated 22-11-2001 (SC)] directed that though the Order dated 23-
    10-1992 in E. Prabhavathy[E. Prabhavathy v. LIC SLP (C) No. 10393
    of 1992, order dated 23-10-1992 (SC)] applied to the workers of
    the Tamil Nadu Division, the scheme would equally be applicable
    to the workers of all divisions of LIC in the country;

    93.4. The judgment of the two-Judge Bench of this Court dated 8-
    3-2015 in T.N. Terminated Employees Assn. [T.N. Terminated Full
    Time Temporary LIC Employees Assn. v. LIC
    , (2015) 9 SCC 62 :

    (2015) 2 SCC (L&S) 738] failed to notice that as a result of the
    final Order dated 7-2-1996
    in LIC v. Workmen [LIC v. Workmen Civil Appeal No. 1790 of 1989,
    order dated 7-2-1996 (SC)] , the Tulpule and Jamdar Awards had
    been substituted by the terms of compromise.
    The two-Judge Bench
    of this Court overlooked the final Order dated 7-2-1996
    in LIC v. Workmen [LIC v. Workmen Civil Appeal No. 1790 of 1989,
    order dated 7-2-1996 (SC)] and while adverting only to the
    interim Order dated 1-3-1989 [LIC v. Workmen Civil Appeal No.
    1790 of 1989, order dated 1-3-1989 (SC)] , it arrived at a
    palpably erroneous conclusion that the Jamdar and Tulpule Awards
    were still operative and binding; and

    93.5. Though the petition seeking review of T.N. Terminated
    Employees Assn. [T.N. Terminated Full Time Temporary LIC
    Employees Assn. v. LIC
    , (2015) 9 SCC 62 : (2015) 2 SCC (L&S) 738]
    and the curative petition stand dismissed, LIC is confronted with
    a situation in which it is equally bound by the earlier decision
    of the three-Judge Bench dated 23-10-1992 in E. Prabhavathy [E.
    Prabhavathy v. LIC SLP (C) No. 10393 of 1992, order dated 23-10-

    1992 (SC)] , the judgment of the two-Judge Bench dated 7-2-1996
    in LIC v. Workmen [LIC v. Workmen Civil Appeal No. 1790 of 1989,
    order dated 7-2-1996 (SC)] dealing with the appeals arising out
    of the Tulpule and Jamdar Awards and the judgment of the two-
    Judge Bench dated 22-11-2001 in G. Sudhakar [LIC v. G.
    Sudhakar Civil Appeal No. 2104 of 2000, order dated 22-11-2001
    (SC)] .

    94. The position as it now stands, results in a palpable conflict
    between the two-Judge Bench decision in T.N. Terminated Employees
    Assn. [T.N. Terminated Full Time Temporary LIC Employees
    Assn. v. LIC
    , (2015) 9 SCC 62 : (2015) 2 SCC (L&S) 738] dated 18-
    3-2015 on the one hand and the earlier binding decision of a
    larger Bench in E. Prabhavathy [E. Prabhavathy v. LIC SLP (C) No.
    10393 of 1992, order dated 23-10-1992 (SC)] on 23-10-1992 and of
    subsequent Benches. This conflict must be harmonised by taking
    recourse to the jurisdiction of this Court under Article 142 of
    the Constitution. In arriving at a conclusion, this Court finds
    that:

    94.1. The remit of CGIT which resulted in the Dogra Report was
    confined to the process of verification, as distinct from an
    adjudication of rights and liabilities;

    94.2. The Dogra Report is flawed because:

    (a) The Report failed to carry out an accurate verification of
    only those Class III workers who had put in at least 85 days
    of work in a period of two years and Class IV workers who had
    put in 70 days of work in a period of three years;

    (b) The lists which are appended to the Report contain patent
    inconsistencies and errors as a consequence of a failure to
    carry out an adequate verification; and

    (c) The Report accepted the claims for absorption of those
    workers who were specifically governed by the decision of this
    Court in E. Prabhavathy [E. Prabhavathy v. LIC SLP (C) No.
    10393 of 1992, order dated 23-10-1992 (SC)] , in spite of an
    express stipulation to the contrary in the order of this Court
    dated 23-10-1992 [E. Prabhavathy v. LIC SLP (C) No. 10393 of
    1992, order dated 23-10-1992 (SC)] as well as in Para 75 of
    the Srivastav Award;

    94.3. A public employer such as LIC cannot be directed to carry
    out a mass absorption of over 11,000 workers on such flawed
    premises without following a recruitment process which is
    consistent with the principles of equality of opportunity
    governed by Articles 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, which has been specifically decried by this Court
    in State of Karnataka v. Umadevi (3) [State of
    Karnataka v. Umadevi
    (3), (2006) 4 SCC 1 : 2006 SCC (L&S) 753] .

    95. The dispute is now of an antiquity tracing back to nearly
    four decades. Finality has to be wrung down on the dispute to
    avoid uncertainty and more litigation. Nearly thirty-one years
    have elapsed since 1991. We have come to the conclusion that the
    claims of those workers who are duly found upon verification to
    meet the threshold conditions of eligibility should be resolved
    by the award of monetary compensation in lieu of absorption, and
    in full and final settlement of all claims and demands. Thus,
    this Court directs the following:

    95.1. A fresh verification of the claims of workers who claim to
    have been employed for at least 70 days in Class IV posts over a
    period of three years or 85 days in Class III posts over a period
    of two years shall be carried out;

    95.2. The verification shall be confined to persons who were
    working between 20-5-1985 and 4-3-1991;

    95.3. All persons who are found to be eligible on the above norm
    shall be entitled to compensation computed @ Rs 50,000 for every
    year of service or part thereof. The payment of compensation at
    the above rate shall be in lieu of reinstatement, and in full and
    final settlement of all claims and demands of the workers in lieu
    of regularisation or absorption and notwithstanding the
    directions issued by this Court in T.N. Terminated Employees
    Assn. [T.N. Terminated Full Time Temporary LIC Employees
    Assn. v. LIC
    , (2015) 9 SCC 62 : (2015) 2 SCC (L&S) 738] ;

    95.4. In carrying out the process of verification, the Committee
    appointed by this Court shall not be confined to the certified
    list before CGIT and shall consider the claims of all workers who
    were engaged between 20-5-1985 and 4-3-1991;

    95.5. For the purpose of verification, LIC shall make available
    all the records at the divisional level to the Committee
    appointed by this Court;

    95.6. It will be open to the workers concerned or, as the case
    may be, the unions and associations representing them, to make
    available such documentary material in their possession for the
    purpose of verification;

    95.7. The process of verification shall be carried out
    independently without regard to the Dogra Report, which is held
    to be flawed;

    95.8. The payment of compensation in lieu of reinstatement shall
    be effected by LIC within a period of three months from the date
    of receipt of the report of verification by the Committee; and
    95.9. The task of verification shall be carried out by a
    committee consisting of:

    (a) Mr Justice P.K.S. Baghel, former Judge of the Allahabad
    High Court; and

    (b) Shri Rajiv Sharma, former District Judge and member of the
    UPHJS.

    LIC shall provide all logistical assistance to the Committee and
    bear all expenses, including secretarial expenses, travel and
    incidental expenses, as well as the fees payable to the members
    of the Committee. Justice P.K.S. Baghel shall fix the terms of
    remuneration payable to the members of the Committee.

    96. The miscellaneous applications and the writ petitions shall
    be governed by the above directions and are disposed of in the
    above terms.”
    (Emphasis supplied)

    9. By placing reliance on paragraphs 95 and 95.3 of the

    judgment and order of this Court in Ranbir Singh (supra), the

    learned counsel for the respondent submits that all claims

    will now have to be dealt with in terms of the direction given

    in Ranbir Singh’s case.

    10. The learned counsel for the petitioner could not deny

    that Ranbir Singh’s decision (supra) continues to hold the

    field, though it is claimed by them that LIC has already

    absorbed their services and, therefore, the question of only

    back wages remain.

    11. As we find that Ranbir Singh’s judgment not only takes

    notice of the orders of which violation is alleged by the

    petitioners in these petitions, but also issues directions,

    inter alia, qua compensation, which is to be determined in a

    manner different than what was directed under the earlier
    orders of which violation is alleged, the contemnor

    respondents cannot be said to have willfully disobeyed the

    earlier orders dated 18.03.2015 and 09.08.2016 of this Court.

    Accordingly, we find no justification to continue with these

    contempt proceedings. Consequently, the Contempt Petitions are

    dismissed.

    12. All pending applications including I.A. No. 149484/2025,

    I.A. No. 149486/2025, I.A. No. 149488/2025 and I.A. No.

    149482/2025 shall stand disposed of.

    ………………………………………………………………..J
    [MANOJ MISRA]

    ………………………………………………………………..J
    [VIJAY BISHNOI]
    New Delhi;

    July 24, 2026
    ITEM NO.13                 COURT NO.10                SECTION XIV-A
    
                     S U P R E M E C O U R T O F     I N D I A
                             RECORD OF PROCEEDINGS
    
    

    CONMT.PET.(C) No. 555/2026 in C.A. No. 6950/2009
    [@ Diary No. 5162/2025]

    TAMILNADU TERMINATED FULL TIME TEMPORARY LIC
    EMPLOYEES ASSOCIATION Petitioner(s)

    VERSUS

    MR. SIDDHARTHA MOHANTY THE CHAIR PERSON LIFE
    INSURANCE CORPORATION OF INDIA & ORS. Respondent(s)

    IA No. 101071/2025 – CONDONATION OF DELAY IN FILING

    WITH
    Diary No(s). 34193/2025 (XIV-A)
    FOR CONDONATION OF DELAY IN FILING ON IA 149482/2025
    FOR APPLICATION FOR SUBSTITUTION ON IA 149484/2025
    FOR APPLICATION FOR CONDONATION OF DELAY IN FILING THE APPLICATION
    FOR SETTING ASIDE THE ABATEMENT ON IA 149488/2025
    IA No. 149486/2025 – APPLICATION FOR ABATEMENT
    IA No. 149478/2025 – APPLICATION FOR PERMISSION

    Date : 24-07-2026 These matters were called on for hearing today.

    CORAM : HON’BLE MR. JUSTICE MANOJ MISRA
    HON’BLE MR. JUSTICE VIJAY BISHNOI

    For Petitioner(s) :Mr. M. A. Chinnasamy, AOR
    Mr. S.p. Chaly, Sr. Adv.

    Mr. C Raghavendren, Adv.

    Mr. M. A. Chinnasamy, AOR
    Mr. C Raghavendren, Adv.

    Mrs. C Rubavathi, Adv.

    Mr. T Meikandan, Adv.

    Mrs. C Rubavathi, Adv.

    Mr. M.R. Samshad, Sr. Adv.

    Mr. Kishore Kumar Dodla, Adv.

    Mr. Shashank Singh, AOR
    Ms. Prapti Srivastava, Adv.

    Mr. Deepanshu Jha, Adv.

    For Respondent(s) :Mr. R. Venkataramani, Attorney General for India
    Mr. Ashok Panigrahi, Sr. Adv.

    Mr. R. Chandrachud, AOR
    Mr. Aryan Singh, Adv.

    Mr. Dhuli Venkata Krishna, Adv.

    Ms. Geetanjali Das Krishnan, Adv.

    Mr. Piyush Negi, Adv.

    Mr. Dharmendar Singh, Adv.

    Mr. Devanshu Sharma, Adv.

    UPON hearing the counsel the Court made the following
    O R D E R

    1. Delay condoned in Diary No. 5162/2025.

    2. Contempt Petition(s) are dismissed in terms of the signed

    order which is placed on file.

    3. All pending applications including I.A. No. 149484/2025,

    I.A. No. 149486/2025, I.A. No. 149488/2025 and I.A. No.

    149482/2025 shall stand disposed of.

    4. In consequence thereof, I.A. No. 149478/2025 shall also

    stand disposed of.

      (SUNITA CHOUDHARY)                                     (SAPNA BANSAL)
    SENIOR PERSONAL ASSISTANT                               COURT MASTER (NSH)
    



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