AMAR KRISHNA GHOSE versus LIFE INSURANCE CORPORATION OF INDIA & ANR.

AMAR KRISHNA GHOSE versus LIFE INSURANCE CORPORATION OF INDIA & ANR.

Under Rule 12-A of the Life Insurance Corporation Rules, 1956, the Tribunal has exclusive jurisdiction to decide any question relating to liabilities pertaining to the controlled business of the insurer transferred to and vested in the Corporation, including arrears of pay and deemed termination of employment. The High Court properly split the claims, retaining only those parts not within Rule 12-A, pending Tribunal and Central Government determinations.

Parties
Appellant: Amar Krishna Ghose; Respondent No.1: Life Insurance Corporation of India; Respondent No.2: Bengal Insurance and Seal Property Co. Ltd.
Jurisdiction
India
Judgment Date
14 November 1972
Procedural Posture
Civil Appeal / Supreme Court Appeal From Judgment and Order Dated February 28, 1966 of the Calcutta High Court in Appeal From Order No. 88 of 1965
Outcome
Appeal dismissed
Legal Topics
Jurisdiction of Tribunal Under Life Insurance Corporation Rules, Interpretation of Life Insurance (emergency Provisions) Ordinance, Employee Status Under Life Insurance Corporation Act
Insurance Law Administrative Law Employment Law Jurisdiction of Tribunal Under Life Insurance Corporation Rules Interpretation of Life Insurance (emergency Provisions) Ordinance Employee Status Under Life Insurance Corporation Act

Case Brief

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Parties

Amar Krishna Ghose

Appellant

Life Insurance Corporation of India

Respondent No.1

Bengal Insurance and Seal Property Co. Ltd.

Respondent No.2

Procedural Posture

Civil Appeal / Supreme Court Appeal From Judgment and Order Dated February 28, 1966 of the Calcutta High Court in Appeal From Order No. 88 of 1965

Legal Issues

  1. 1 Whether the Life Insurance Tribunal had exclusive jurisdiction to decide questions of liabilities pertaining to controlled business, including arrears of pay and deemed termination of employment
  2. 2 Whether the High Court could adjudicate on the continuation of employment and arrears of pay, or if these fell within the Tribunal/Central Government's exclusive jurisdiction

Ratio Decidendi

Under Rule 12-A of the Life Insurance Corporation Rules, 1956, the Tribunal has exclusive jurisdiction to decide any question relating to liabilities pertaining to the controlled business of the insurer transferred to and vested in the Corporation, including arrears of pay and deemed termination of employment. The High Court properly split the claims, retaining only those parts not within Rule 12-A, pending Tribunal and Central Government determinations.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs