In Continuation

The question now does not arise whether Supreme Court will revise its own order dated 31/3/2016.What is before the SC Now is the six SLPs filed against the DHC judgment dated 27/4/2017.So,when a final decision is taken on the Civil Appeals,if any view is  required to be taken in modification of its view taken in its judgment dated 31/3/2016,it will do so recording reasons.For example, the statement that the amendments made in the Pension Rules are to be tabled in Parliament is disputable as seen from a careful reading of Sec 48 as follows:

"48(2-A) The regulations and other provisions as in force immediately before the commencement of the Life Insurance Corporation (Amendment) Act, 1981, with respect to the terms and conditions of service of employees and agents of the Corporation including those who became employee and agents of the Corporation on the appointed day under this Act, shall be deemed to be rules made under clause (cc) of sub-section (2) and shall, subject to the other provisions of this section, have effect accordingly.

(Inserted by LIC(Amendment)Act w.e.f 31-1-81)

(2-B) The power to make rules conferred by clause (cc) of sub-section (2) shall include-

(i) the power to give retrospective effect to such rules; and

(ii) the power to amend by way of addition, variation or repeal, the regulations and other provisions referred to in sub-section (2-A), with retrospective effect, from a date not earlier than the twentieth day of June, 1979.

(2-C) The provisions of clause (cc) of sub-section (2) and sub-section (2-B) and any rules made under the said clause (cc) shall have effect, and any such rule made with retrospective effect from any date shall also be deemed to have  effect from that date, notwithstanding any judgment, decree or order of any court, tribunal or other authority and notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947) or any other law or any agreement, settlement, award or other instrument for the time being in force".

The LIC Act   1956 does not stipulate that any amendments made by LIC should be tabled in Parliament. Any rules/Regulations ,framed by LIC  in exercise of powers  vested under LIC Act constitute subordinate legislation and are deemed to be law.

2.Withdrawal of  40% IR

The final decision on the Writ Petitions has been arrived at by DHC  by its judgment where inter alia,it has been ordered that the interim relief paid  shall not be recovered and that is the finality of  of 40% interim relief.

3.The Solomon's wisdom concept reiterated in the 31/3/2016  order of the SC is dictated by common sense,but as far as LIC /UOI is concerned,it is case-specific.If it had not been so,what prevented LIC from implementing M C Jain case judgment soon after 31/3/2016,taking the SC judgment  observation as a universal dictat?

I am able to see only one writing on the wall and that is ;only judiciary can render justice in our case.

C H Mahadevan