Charan Das Nagpal Vs. Life Insurance Corporation of India and ors. - Court Judgment |
| Labour and Industrial |
| Rajasthan High Court |
| Sep-05-1988 |
| D.B. Civil Writ Petition No. 769 of 1984 |
| Milap Chand Jain and; Sobhag Mal Jain, JJ. |
| 1988WLN(UC)135 |
| Charan Das Nagpal |
| Life Insurance Corporation of India and ors. |
| Petition dismissed |
| A.V. Nachna v. Union of India
|
industrial disputes act, 1947 and life insurance corporation government of india (staff) (sixth amendment) regulations, 1978 and life insurance corporation development officers (alteration of remuneration and other terms and conditions of service) order, 1978 and life insurance corporation act - sections 48(2a), (2b) and (2c)--validity of--sub-sections (2a), (2b) and (2c) added by amendment act, 1981--held, validity of amendment upheld by supreme court in a.v. nachna v. union of india air 1982 sc 1126.;revision dismissed - 1. heard learned counsel for the parties.2. mr. s.r. singhi invited attention of this court to a decision of the division bench of this court in d.b. civil special appeal no. 272(a)/72 lic of india and ors. v. shri b.n. bhatnagar decided on 5-10-1985 by the jaipur bench. it has been held that the life insurance corporation development officers (alteration of remuneration and other terms and conditions of service) order, 1978 and the life insurance corporation of india (staff) sixth amendment regulations, 1978 shall have overriding effect over the provisions of the industrial disputes act, 1947. in view of the provisions contained in life insurance corporation (amendment) act, 1981 where by sub-sections (2a), (2b) and (2c) have been added to section 48 of the life insurance corporation act. the validity of the said amendments have been upheld by the supreme court in the case of a.v. nachna v. union of india : (1982)illj110sc .3. in view of the aforesaid decision, this writ petition is here by dismissed.
1. Heard learned Counsel for the parties.
2. Mr. S.R. Singhi invited attention of this Court to a decision of the Division Bench of this Court in D.B. Civil Special Appeal No. 272(A)/72 LIC of India and Ors. v. Shri B.N. Bhatnagar decided on 5-10-1985 by the Jaipur Bench. It has been held that the Life Insurance Corporation Development Officers (Alteration of Remuneration and other Terms and Conditions of Service) Order, 1978 and the Life Insurance Corporation of India (Staff) Sixth Amendment Regulations, 1978 shall have overriding effect over the provisions of the Industrial Disputes Act, 1947. In view of the provisions contained in Life Insurance Corporation (Amendment) Act, 1981 where by Sub-sections (2A), (2B) and (2C) have been added to Section 48 of the Life Insurance Corporation Act. The validity of the said amendments have been upheld by the Supreme Court in the case of A.V. Nachna v. Union of India : (1982)ILLJ110SC .
3. In view of the aforesaid decision, this writ petition is here by dismissed.