Mr Vijay Kumar pointed towards a crucial matter of concern of FSE’s while going against LIC .This shall be interpreted with reference to one of the clauses inserted in our FSE scheme which ascertain that the contract shall be liable for being terminated, if the Financial services executive commits breach of any statutory provisions or is found to be indulging in activities detrimental to the interest of corporation. I think most of us have given undue stress to the final few wordings .it is not like that we are being denied of our constitutional right to approach a court of law for reinstating justice. We are not restricted by any wordings .The essence of this statement is that the fundamental rights and constitutional provisions will overrule the relevant provision of LIC act and temporary employees regulation act if any contradiction occurred, at any instance and any cost. The contractual provisions will deemed to sustain only, till the provisions were not against any constitutional or statutory provisions. Here in our case,LIC,being a model employer will never try to include any unlawful or deemed constitutional violations explicitly. Kindly give special reference to the last word. It shall be noted that every employee ,irrelevant permanent or temporary are prone to termination if they do any breach of statutory provisions or indulge in activities detrimental to the interest of their employer. The activities detrimental to the interest of the corporation, will not endanger our right to get justice from a proper forum. They are those activities which are intentionally done in such a way to tarnish the good will and reputation and those which are meant to inhibit losses to the corporation ,and like. Regular employees sustain from the consequence of their aforementioned acts with the undue help of their union and we,FSEs are not covered with any such protection. If we are moving under the provisions of Law,nobody can do anything against us. But on the contrary, no one ,including law will help us. One thing I want to point out that please stop any comments which are intentionally meant to defame the corporation ,including on social media sites. We are free to express our opinion but only up to that point where any other persons right is not infringed. Rather ,fight for our rightful share in a platform where every citizen has right to represent himself.Ultimately, we have to admit that we lacks unity among our fellow ones. We ,in the near future may not able to coordinate the entire FSEs of India to a common stage. I may be forced to say that it is next to impossible.Hence the effective one, we can do at this juncture, is to co ordinate at least the FSEs of our state or even our division for a legal proceeding. It does not require the co ordination through out India. Rather any single one can approach the court for getting enforced the proportionate justice, if he is willing to bear the expense incurred by this way. Friends I have an advice to all and again I am repeating. dont wait others to act. Start from your end. Try to consult a good lawyer as soon as possible and discuss the matter with him.The solution will be with him.dont think that you are going against the corporation. Corporation cannot terminate your contract for this reason. The prime factor of our contract is its time bound nature. Unlike temporary or casual employees ,we are in a far advantageous position that corporation cannot terminate us for any reason beyond what had mentioned earlier. But temporary employees can be terminated at any time ,if the employer wishes so,without any specific reason being assigned or any notice, as the word means their job is of temporary in nature and does not warrant any specific time period. It is ascertained by the relevant supreme court judgement too.Hence if some temporary employees approached a court for any reason, the employer can terminate them without any reason, provided both actions cannot be connected directly or shown any connection. Practically it is not happening now a days. Here the employee can go to the court and the constitution grants the freedom to so, but the employer is free to decide which casual employee is needed to be retained and which one will be expelled provided no discrimination is exercised. As I said this theory is not at all practiced widely since the temporary employee first tried to acquire an interim order against their possible termination and subsequently relevant orders for their continuance for more time or till that vacancy will dissolve, even if they did not get regularized. Here LIC cannot break a contract in the middle of its term unless those relevant conditions happened and cannot deny for an extension of contract only to those who filed the case,if so it will account against the principle of equality and hostile discrimination and in that case an appropriate writ can be filed in HC or SC.dont hesitate to compel the corporation to give our rightful share by rightful methods. That shall not be in the form of any strike or other like activities since we are not backed by any political union .We have no right to strike in the present situation,as it will weaken our condition and if we will be set backed by way of termination, most likely no rule or law will protect us as it will be a clear breach of the said statutory provisions. Also please be moderate in posting comments and opinions against the corporation any where because ,now we are here to continue in LIC ,as permanent employees and are not going to sustain as mere Financial services executives waiting for an extension or termination at the mercy of the corporation.Believe me we will not lose.
Posted on: Wed, 27 Nov 2013 15:55:01 +0000
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