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Monday, 13 July 2015

Invoking ID Act for 100% DA neutralization matter

I think that there is very little scope for application of ID Act 1947 for LIC employees on the issue for the following reasons:

1)As per the amendment made to the LIC Act on 31/1/1981 Sec 11(2) the powers relating to scales of remuneration and conditions of service supersede the provisions of ID Act(14 of 47).
2) Sec 48(2B)& Sec 48(2C) on the powers to make rules on terms and conditions of employees and agents also supersede the powers of the IDID Act 1947 with the insertion of sub-section 1(a) inserted w.e f 31/1/1981.
2) Sec 49(b) on method of recruitment vesting powers in LIC was also amended w.e.f 31/1/1981 excluding the powers to LIC omitting the words " the terms and conditions of service of such employees and agents)".
3)Those employees who are drawing more than Rs 10000 p.m. are also excluded from the purview of the I D Act 1947.
4)Sec 49(2)(bb) was also omitted by the amendment of LIC Act 1956 w.e.f 31/1/1981 whereby LIC's powers to frame regulations without prior approval of the Central Government had been withdrawn.
In the light of the above there is not much scope for operation of ID Act 1947 for LIC employees. That is why perhaps we have not been hearing much about any industrial dispute being raised by LIC employees for quite some time now.
Can anyone with legal expertise throw light in the matter of applicability of ID act 1947 to LIC employees within its eligibility conditions?
Kind regards.
C H Mahadevan