FINANCIAL SERVICE EXECUTIVES WELFARE ASSOCIATION AND ORS. Vs. LIFE INSURANCE CORPORATION OF INDIA AND ORS.

JUDGEMENT

(1.) This Writ Appeal has been filed against the judgment dated 17.11.2014 in W.P.(C) No. 9608 of 2014 by which judgment the Writ Petition filed by the appellants has been dismissed. The parties shall be referred to as in the Writ Petition.

(2.) The brief facts leading to filing of the Writ Petition are:

(3.) A counter affidavit was filed by the Corporation in the Writ Petition stating that the engagement of FSEs is not under any statutory scheme and being under administrative instruction, the Writ Petition is not maintainable. It is stated that the appointment being contractual in nature as per the Scheme, 2007 itself, no claim can be raised by the petitioners for absorption in regular service of the Corporation. It is stated that the FSEs, having accepted the terms and conditions of the employment, i.e., contractual employment, cannot now turn round and claim that their services are to be absorbed. It is stated that the mere fact that before engaging the FSEs the selection process was undertaken does not make the selection on the regular establishment of the Corporation. The FSEs are agents of the Corporation and therefore their services are liable to be terminated on terms and conditions of the contract. The engagement of FSEs is not an engagement within any of the categories of staff as mentioned in the Life Insurance Corporation of India (Staff) Regulations, 1960 (hereinafter referred to as 'Regulations, 1960') and there are no post of FSEs born in the regular cadre. There is no occasion to treat them as regular employees or accept their claim of absorption.