Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SM Viral   29 May 2021

Arrear denied to re-signed confirm employees by LIC

Hello Everyone,
May Any expert having knowledge regarding labour laws for arrear tell the legality of this case. how strong this case w'ld be in court.
LIC recently settled 11 Bps and denied arrears to ex confirm employees.
if anyone can take the cases then we are around 50 candidates ??




Thanks & Regards


Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     29 May 2021

Instead of giving a general cll to all the advocates of this forum, you may better contact any advocate of your choice of this forum or outside, have a personal discussion by producing all the relevant papers/information/requirements to proceed withe the case as per prevailing law. 

1 Like

Sankaranarayanan (Advocate)     29 May 2021

Yes absolutely very well pointed by expert Mr.Kalsiselvan .you can act as advised  which state you belongs to 

Dr J C Vashista (Advocate)     30 May 2021

You may agree with me that this platform is worldwide, whereas your query pertains to a location specific.

Labour laws are generally practiced by every lawyer, however, some may prefer particular area / specialization. 

It will be better to consult and engage a local prudent lawyer for appreciation of facts /documents, professional advise and necessary proceeding.

G.L.N. Prasad (Retired employee.)     30 May 2021

You have the most powerful Union that can demand terms and signs Bipartate agreements with Managements.  If both parties agree for the implementation of payment of arrears from a specific cut-off date, that date prevails.  It may be possible that the awards before implementation of BPS agreements, the Govt might have stated the date from which the BPS has to be implemented EX: 1.From the date of expiry of earliest agreement 2.From the date of signing of agreement 3.At a mutually agreed date.  That specific statutory stipulation prevails.

In the case of Banks, both IBA and their workmen agreed to a common date and have not implemented it from the date of expiry of the earlier agreement.  For those who retired after the expiry of BPS and before the agreed date there was a huge loss in the fixation of pension.  Those retirees challenged the BPS cut-off date for implementation stating that once a statute stipulated, the parties (management and Union) can not fix a cut-off date on their own on mutually agreed terms.  SC upheld and as a result their BPS was implemented from that date stipulated by statute and not from the cut-off date agreed in between the signatories of BPS.

You may explore the possibilities from your Union as they collect subscripttions, the levy for another 30 years from you, and have crores of subscripttion to take up the causes.

P. Venu (Advocate)     31 May 2021

What do you mean by "labour laws for arrear"? there are no such laws?

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register