Thread Started by #Anonymous

Dear Sir/Madam,
here with request you to guide me as i am working in lic of inida as a direct sales executive since last 4 year. we are appointed as contract based employee. it was 3 year contract and this lic dse scheme was launched on 2009. now lic has extended contract for 3+2= 5 year and than after for one another year 5+1=6 year.
this is a alternate channel of lic of india and doing bestest business than any other dept of lic. every year growing fast in terms of business. where as some of dses who are not performed and couldnt full fill target as per lic dmkt dept are terminated. In this scheme we are promoted as DSE, SSE, SSE2. SS2 's work profile is same as on roll development officer. now a days situation is that development officer cant work like a dse and lic waste money on new recrutiment of ado every year where as trained person are there in lic.
at the time of recrutinment lic has given advt like lic recruit young and dynamic professional as direct sales exective and education criatera is graduate and mba preferred. there were exam + interview in recrutiment process too. after complite the all formalities like exam and interview all the selected candidates are examine by medicle as per routin permenant employee.
the age critearea for dse scheme was 21 to 35 and at present 2600 dse are between near to 35 so they cant able to go any other govt job too. thus lic and govt exploitation of indian young professionals.

so now no need of any selection procedure for new ado. already there are about 2600 well tranained dse who are awaitning for permanent roll.
here with request you to guide us how can we fight against lic or govt. for the our career.
1. we are in which catagory as per labour law?
2. can we file case for permanent roll in lic ?

thanking you
sanjay
8th February 2015
Since you are working in lic of inida as a direct sales executive which is said to be similar to Development Officer, and later has been held to be not a workman by the Apex Court in Mahesh K.Tripathi v Sr.Div.Manager, LIC on 6.9.2004 by a three Judges BENCH after referring to a Constitution Bench decision, thus you will also not derive benefit of ID Act. Your appointment is contractual as stated by you.Now, if you were selected by advertisement and as per recruitment rules and against sanctioned posts, you may seek relief of reguralization from Supreme Court by filing petition under article 32 of the Constitution of India because it is the Supreme Court only which can give such relief as held in Uma Devi's case and as held by Punjab and Haryana High Court in Union of India vs Ram Pal in CWP No. 13619 of 2012 decided on 22.2.2013. However, there may be some safety of tenure of those DSEs working in Tamil Nadu since they are covered under Shops and establishment of that State.

Thanks

Sushil
8th February 2015 From India, New Delhi
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