Respected Colleagues,
We have suffered a lot in convincing the judiciary at all levels right
after the success stories of judgments at High Courts of Jaipur Branch
of Rajasthan, Chandigarh and Delhi. We cannot underestimate the
involvement of our senior members and their valuable analysis of
intricacies of connected laws with the main motive of assisting our case
managers. They poured out their constructive counsels on the basis of
their legal experience gained during their service period. Eminent
Senior Counsels and other competent Advocates who are engaged by all the
six representing petitioners are there in the team. Are we not hopeful
of coming out with reverberating success at the end of every day's
hearing ? All our demands are just and reasonable. They have got
sufficient legal backing. Case laws and earlier judgments are in plenty
to support our case. UOI have enacted laws to protect the interest of
elders and senior-citizens. Courts have vindicated that there cannot be
un-equals among equals in the same Industry. Courts have delivered
judgments that retirement benefits are to be considered as earned
property and as deferred wages and certainly not as welfare measures.
Courts have also observed that omission of any clause in the agreement
willfully to deprive of the benefits of the concerned employees is
against law. We have emphasized that our agreement with LIC is mainly
based on Central Government Employees Pension Rules ( Pay Commission ).
High Courts and the Apex Court are fully aware of the sufferings of
Senior Citizens / Pensioners due to the inflationary trends. Needless to
say that elders find it difficult to meet both ends at their advancing
ages.
Despite
all the above, we could not convince the Courts all through and secure
their favourable nod. Where we have missed the bus ? Which pertinent and
striking legal point we have missed in our arguments ? Would it not
be advisable to commonly engage, at this critical and fag end, some
other more competent and senior-most counsel to represent our case ?
Timely wits and meaningful presentation alone will yield desired
results.
As Sri.
H.K.Aggarwalji has suggested, all the case managers could consider in
the overall interest of the pensioners could assemble at Delhi, assess
the situation in the midst of all the Senior Counsels engaged and
proceed unitedly with renewed workable and winning strategies. If we
lose the case at Delhi HC, it would tell upon further proceedings at
Apex Court. We could suggest only to this much. It is up to the case
managers to decide.
With much hopes,
M.P.Subrahmanian
RIEA, Madurai.
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