Prasanta Kumar Mohapatra
Asked December 29, 2016

Delay in implementation of Order

  • 1 Answer

Sir/Ma'am, Absorption of terminated temporary employees in LIC of India as per the SC order dated 09/08/2016 arises out of the CA No.6950 of 2009 & Cont No.459 of 2015 is becoming delay though the time limit was only eight weeks. Please suggest what best can be done at this stage ?

Answer 1

As per the decision delivered by the Supreme Court in Temporary Boys v. L. I. C. of India (Contempt Petition) [2016 (9) SCC 366], the honorable court decided to modify its previous decision by awarding 50% of the back wages with consequential benefits and further provided for a method of computation of said back wages. In order to incorporate the aspect of financial burden which the corporation would be faced with, a period of eight weeks was given to embody the changes directed.

The judgement further provided that ‘in case of non-compliance of the above order within the stipulated time, the parties will be at liberty to file Contempt Petitions afresh.’  

Thus, after the expiry of the said eight weeks, a contempt petition must be filed with the Supreme Court mentioning the ground that the decision of the said court had been flouted by the defendants as a result of non-compliance with the given award. This Contempt Petition must be filed within a period of one year from the time the alleged contempt took place.

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