Life Insurance Corporation of India Respdt. by Its Divisional Manager Vs. State of Karnataka by Its Chief Secretary and ors.

Decided On : Mar-16-2005

Court : Karnataka

Notice (8): Undefined index: topics [APP/View/Case/meta.ctp, line 36]
Code Context


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			'id' => '378647',
			'acts' => 'Karnataka Shops and Commercial Establishment Act, 1961 - Sections 2 and 3(1); Karnataka Shops and Commercials Establishment Rules, 1963; <a href="/act/61954/karnataka-labour-welfare-fund-act-1965-complete-act">Karnataka Labour Welfare Fund Act, 1965</a> - Sections 2(4); Life Insurance Corporation Act, 1966 - Sections 49; <a href="/act/51149/life-insurance-corporation-act-1956-complete-act">Life Insurance Corporation Act, 1956</a> - Sections 3, 4, 5, 6, 7, 11, 17, 48 and 49; Life Insurance Corporation Rules; Life Insurance Corporation Regulations; <a href="/act/51293/industrial-disputes-act-1947-complete-act">Industrial Disputes Act, 1947</a>; Kerala Shops and Commercial Establishments Act, 1960; Karnataka Societies Registration Act; Life Insurance Corporation Staff Regulations, 1960 - Regulation 2',
			'appealno' => 'Writ Petition Nos. 6854, 17993 and 42845/1999 etc. and 23950/1996',
			'appellant' => 'Life Insurance Corporation of India Respdt. by Its Divisional Manager',
			'authreffered' => '',
			'casename' => 'Life Insurance Corporation of India Respdt. by Its Divisional Manager Vs. State of Karnataka by Its Chief Secretary and ors.',
			'casenote' => 'LIFE INSURANCE CORPORATION ACT, 1956 - SECTIONS 3, 4, 5, 6, 11, 17, 48, AND 49-LIFE INSURANCE CORPORATION OF INDIA STAFF REGULATIONS,1960 - REGULATION 2 - KARNATAKA AND COMMERCIAL ESTABLISHMENT ACT, 1961 / KARNATAKA SHOPS AN COMMERCIAL ESTABLISHMENT, RULES 1963-KARNATAKA LABOUR WELFARE FUND ACT, 1965-Petitioners have questioned the issue of show cause notices and demand notices calling upon it to comply with the provisions of the 1961 and 1965 Acts and sought for a declaration that it is exempt from the application of the provisions of the Act of 1965 and the Act of 1961. Whether the petitioner Life Insurance Corporation which is an establishment under the Central Government exempt from the application of the Act of 1961 and Act of 1965-Held-That Sub-section (e) of Section 2 of the Act of 1961 defines 'commercial establishment' to include insurance establishment but clause or Sub-section (1) of Section 3 of the Act of 1961 exempts the application of the Act to the petitioner being of establishment under the Central Government. Therefore the petitioner corporation, is an establishment under the Central Government and applying the exclusion Clause (a) of Sub-section (1) of Section 3 of the Act of 1961, is exempt from the application of the said Act. Similarly Sub-Section 4(iii) of Section 2 of the Act of 1965 specifically defines 'establishment' to mean a factory, motor omni, any establishment including a society registered under the Karnataka Societies Registration Act, etc., but not to include an establishment of the Central or State Government. Having held that the petitioner is an establishment under the Central Government, though the word 'of is used in the said Section the same is to be read as 'under', whereby the petitioner stands excluded from the application of the said Act. It is declared that the establishment of the petitioner is exempt from the application of the provisions of Karnataka Labour Welfare Fund Act, 1965 and the Karnataka Shops and Commercial Establishments Act, 1961 and the Rules 1963. The impugned show cause notices and demand notices stand quashed.;Writ Petitions allowed. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 181 (4): [N.Ananda, J] Jurisdiction to try the offence under Held, Under Section 181(4) of Cr.P.C., if any offence relates to misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which was subject to the offence was received or retained, or was required to be returned or accounted for, by the accused person. On facts held,  The six wind operated electricity generators were leased to petitioners and petitioners had to account for the same at Manipal. The lease was accepted by petitioners at Manipal. Therefore, trial of a case of criminal breach of trust before jurisdiction Court at Udupi is in conformity with provisions under Section 181(4) of Cr.P.C., -- Section 482: Quashing of proceedings  Offences under Sections 406, 409 and 420 o f I.P.C.,  - Rejection of application made under Section 227 of Cr.P.C., - Held,  It is well settled law when a petition filed under Section 482 Cr.P.C. seeking quashing of charges framed against accused, the High Court should not interfere with the order unless there are strong reasons. Such an order could be passed only in exceptional cases or rare cases. Moreover, once the trial Court has framed charges against the accused persons, trial must proceed with necessary assistance. ',
			'caseanalysis' => null,
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			'citingcases' => '',
			'counselplain' => 'S. Nagaraj and ;Rekha, Advs.',
			'counseldef' => 'S.Z.A. Khureshi, Adv.',
			'court' => 'Karnataka',
			'court_type' => 'HC',
			'decidedon' => '2005-03-16',
			'deposition' => '',
			'favorof' => null,
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			'judge' => 'Ram Mohan Reddy, J.',
			'judgement' => 'ORDER<p style="text-align: justify;">Ram Mohan Reddy, J.</p><p style="text-align: justify;">1. In these writ petitions, the Life Insurance Corporation of India has assailed the show cause notices and demand notices issued by the respondent-Labor Inspectors under the provisions of the Karnataka Shops and Commercial Establishment Act, 1961 (for short 'Act of 1961) r/w the Karnataka Shops and Commercials Establishment Rules, 1963 (for short 'Rules of 1963) and the <a href="/act/61954/karnataka-labour-welfare-fund-act-1965-complete-act">Karnataka Labour Welfare Fund Act, 1965</a> (for short 'Act of 1965'). The parties being common and common questions of fact and that of law having arisen, with the consent of the learned counsel for the parties, the petitions are clubbed, heard together and are disposed of by this common order.</p><p style="text-align: justify;">2. The petitioner having questioned the issue of show cause notices and demand notices calling upon it to comply with the provisions of the aforesaid Acts, has in addition sought for a declaration that it is exempt from the application of the provisions of the Act of 1965 and the Act of 1961.</p><p style="text-align: justify;">3. The claim of the petitioner is that the provisions of Life Insurance Corporation Act, 1966 (for short 'LIC Act'), read with Rules and Regulations framed thereunder provides for the welfare of its employees and the scheme of the Act does not admit any other regulatory measure by any other Law. The employees of the corporation are under the protective umbrella of the 'LIC Act' and the Rules and Regulations. The Regulations framed under the provisions of Section 49 of the 'LIC Act', it is said, provides for service conditions of employees of LIC and that Agents are not employees in view of Regulation (2) of the LIC Staff Regulations, 1960. It is further contended that, for the welfare of the employees it has provided benefits such as Provident Fund, Gratuity, Term Assurance, Medical Benefit Scheme, etc. In addition it is stated that the employees are entitled to medical/casual/privilege leave. Lastly, it is contended that the enactments of the State cannot encroach upon the field fully occupied by the Central Act namely LIC Act, 1956 read with Rules and Regulations. In terms of the aforesaid pleadings, it is contended that the provisions of the Act of 1965 and the Act of 1961 read with the Rules of 1963, have no application to the petitioner, although petitioner admits that one of its branches at Chintamani, by an erroneous understanding of law made payment to the welfare fund. Hence these writ petitions.</p><p style="text-align: justify;">4. The respondents have opposed the petition in W.P. No. 23950/ 1996 by filing the statement of objections dated 3.3.1996 inter alia contending that the petitioner-Life Insurance Corporation carries on business of insurance which falls within the definition of the term 'commercial establishment' under the Act of 1961 and not being an establishment under the Central Government, is not exempt from the application of the provisions of the Act of 1961 and the Act of 1965. In addition, it is contended that the commission paid to the agents of the petitioners, is in fact wages and therefore, the Officers of the agents also fall within the meaning of the term 'commercial establishment' under the aforesaid Acts. In paragraph 7 of the statement of objections, reference is made to the decision of the Apex Court in S.K. Verma v. Mahesh Chandra and Anr., 1983(2) LLJ 429 where in the Apex Court deprecated the conduct of the petitioner in raising frivolous claims as regards the meaning of the term 'workman' under the <a href="/act/51293/industrial-disputes-act-1947-complete-act">Industrial Disputes Act, 1947</a>.</p><p style="text-align: justify;">5. Sri Nagaraj a, learned Counsel for the petitioner would contend that a conspectus of the provisions of the <a href="/act/51149/life-insurance-corporation-act-1956-complete-act">Life Insurance Corporation Act, 1956</a> in particular Sections 3, 4, 5, 6, 11, 17, 48 and 49 would indicate that the Central Government has pervasive control over the Life Insurance Corporation, hence an establishment under the Central Government, hi addition, learned Counsel would contend that though Sub-section (e) of Section 2 of the Act of 1961 defines 'commercial establishment' to include insurance establishment but Clause (a) of Sub-section (1) of Section 3 of the Act of 1961 exempts the application of the Act to the petitioner being an establishment under the Central Government. The learned Counsel would further point out to Sub-section 4(iii) of Section 2 of the Act of 1965 to contend that it provides for exclusion of the application of the provisions of the said Act to the petitioner establishment. Lastly, Sri Nagaraja, learned Counsel would submit that though the word 'of is used in Section 2(4)(iii) in the Act of 1965, it is to be read as 'under' and applying the same, excludes the application of the Act to the petitioner, an establishment of the Central Government. In support of the said contentions, Learned Counsel would place reliance upon a judgment of the High Court of Kerala in the case of Life Insurance Corporation v. Appellate Authority, 1991 II LLJ 226.</p><p style="text-align: justify;">6. Per contra, learned High Court Government Pleader for the respondents would contend that the Life Insurance Corporation being a 'commercial establishment' falling within the definition of the said term under the Act of 1961 and not a Central Government establishment, is not exempt from the application of the Act of 1961 and the Act of 1965.</p><p style="text-align: justify;">7. Having heard the learned Counsel for the parties, the only question that arises for decision making is whether the petitioner Life Insurance Corporation is an establishment under the Central Government exempt from the application of the Act of 1961 and the Act of 1965?</p><p style="text-align: justify;">8. Life Insurance Corporation of India is established under the <a href="/act/51149/life-insurance-corporation-act-1956-complete-act">Life Insurance Corporation Act, 1956</a>. A conjoint reading of Sections 3, 4, 5, 6 and 17 coupled with the power of the Central Government, to make Rules under Section 48 and promulgate the service conditions of employees under Section 49 of the LIC Act, it is beyond cavil of doubt that the Central Government has all pervasive control over the Life Insurance Corporation. If that is so, it goes without saying that the petitioner is an establishment under the Central Government. In the circumstances the judgment of the Apex Court in C.V. Raman v. Management of Bank of India, 1988 II LLJ 423 is apposite:</p><p style="text-align: justify;">'If the 'Criteria' laid down above is applied to the facts of the instant cases it is obvious that even though the State Bank of India and the nationalised banks may not be owned as such by the Central Government and its employees may not be the employees of the Central Government, they certainly will fall within the purview of the expression 'under the Central Government', in view of the existence of deep and pervasive control of the Central Government over these banks'.</p><p style="text-align: justify;">9. In Life Insurance Corporation's case, supra, what essentially fell for consideration was whether the Corporation is a creature of the statute. The High Court of Kerala, having considered the various provisions of the LIC Act, and the control exercised by the Central Government, following the principles laid down by the Apex Court in C.V. Raman's case, held that the petitioner Corporation falls within the purview of the expression 'under the Central Government'. Applying the same to the exclusion provision under Section 3(1)(c) of the Kerala Shops and Commercial Establishments Act, 1960, it was further held that the said Act has no application to the petitioner establishment.</p><p style="text-align: justify;">10. I do not see any reason to deviate from the view taken by the Kerala High Court. For the very same reasons, I am of the considered opinion that therefore the petitioner corporation, is an establishment under the Central Government and applying the exclusion Clause (a) of Sub-section (1) of Section 3 of the Act of 1961, is exempt from the application of the said Act.</p><p style="text-align: justify;">Sub-Section 4(iii) of Section 2 of the Act of 1965 specifically defines 'establishment' to mean a factory, motor omni, any establishment including a society registered under the Karnataka Societies Registration Act, etc., but not to include an establishment of the Central or State Government. Having held that the petitioner is an establishment under the Central Government, though the word 'of' is used in the said section the same is to be read as 'under', whereby the petitioner stands excluded from the application of the said Act.</p><p style="text-align: justify;">The writ petitions are allowed and it is declared that the establishment of the petitioner is exempt from the application of the provisions of <a href="/act/61954/karnataka-labour-welfare-fund-act-1965-complete-act">Karnataka Labour Welfare Fund Act, 1965</a> and the Karnataka Shops and Commercial Establishments Act, 1961 and the Rules 1963. The impugned show cause notices and demand notices stand quashed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		(int) 2 => 'Kerala',
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	'Judgement' => array(
		'id' => '378647',
		'acts' => 'Karnataka Shops and Commercial Establishment Act, 1961 - Sections 2 and 3(1); Karnataka Shops and Commercials Establishment Rules, 1963; <a href="/act/61954/karnataka-labour-welfare-fund-act-1965-complete-act">Karnataka Labour Welfare Fund Act, 1965</a> - Sections 2(4); Life Insurance Corporation Act, 1966 - Sections 49; <a href="/act/51149/life-insurance-corporation-act-1956-complete-act">Life Insurance Corporation Act, 1956</a> - Sections 3, 4, 5, 6, 7, 11, 17, 48 and 49; Life Insurance Corporation Rules; Life Insurance Corporation Regulations; <a href="/act/51293/industrial-disputes-act-1947-complete-act">Industrial Disputes Act, 1947</a>; Kerala Shops and Commercial Establishments Act, 1960; Karnataka Societies Registration Act; Life Insurance Corporation Staff Regulations, 1960 - Regulation 2',
		'appealno' => 'Writ Petition Nos. 6854, 17993 and 42845/1999 etc. and 23950/1996',
		'appellant' => 'Life Insurance Corporation of India Respdt. by Its Divisional Manager',
		'authreffered' => '',
		'casename' => 'Life Insurance Corporation of India Respdt. by Its Divisional Manager Vs. State of Karnataka by Its Chief Secretary and ors.',
		'casenote' => 'LIFE INSURANCE CORPORATION ACT, 1956 - SECTIONS 3, 4, 5, 6, 11, 17, 48, AND 49-LIFE INSURANCE CORPORATION OF INDIA STAFF REGULATIONS,1960 - REGULATION 2 - KARNATAKA AND COMMERCIAL ESTABLISHMENT ACT, 1961 / KARNATAKA SHOPS AN COMMERCIAL ESTABLISHMENT, RULES 1963-KARNATAKA LABOUR WELFARE FUND ACT, 1965-Petitioners have questioned the issue of show cause notices and demand notices calling upon it to comply with the provisions of the 1961 and 1965 Acts and sought for a declaration that it is exempt from the application of the provisions of the Act of 1965 and the Act of 1961. Whether the petitioner Life Insurance Corporation which is an establishment under the Central Government exempt from the application of the Act of 1961 and Act of 1965-Held-That Sub-section (e) of Section 2 of the Act of 1961 defines 'commercial establishment' to include insurance establishment but clause or Sub-section (1) of Section 3 of the Act of 1961 exempts the application of the Act to the petitioner being of establishment under the Central Government. Therefore the petitioner corporation, is an establishment under the Central Government and applying the exclusion Clause (a) of Sub-section (1) of Section 3 of the Act of 1961, is exempt from the application of the said Act. Similarly Sub-Section 4(iii) of Section 2 of the Act of 1965 specifically defines 'establishment' to mean a factory, motor omni, any establishment including a society registered under the Karnataka Societies Registration Act, etc., but not to include an establishment of the Central or State Government. Having held that the petitioner is an establishment under the Central Government, though the word 'of is used in the said Section the same is to be read as 'under', whereby the petitioner stands excluded from the application of the said Act. It is declared that the establishment of the petitioner is exempt from the application of the provisions of Karnataka Labour Welfare Fund Act, 1965 and the Karnataka Shops and Commercial Establishments Act, 1961 and the Rules 1963. The impugned show cause notices and demand notices stand quashed.;Writ Petitions allowed. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 181 (4): [N.Ananda, J] Jurisdiction to try the offence under Held, Under Section 181(4) of Cr.P.C., if any offence relates to misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which was subject to the offence was received or retained, or was required to be returned or accounted for, by the accused person. On facts held,  The six wind operated electricity generators were leased to petitioners and petitioners had to account for the same at Manipal. The lease was accepted by petitioners at Manipal. Therefore, trial of a case of criminal breach of trust before jurisdiction Court at Udupi is in conformity with provisions under Section 181(4) of Cr.P.C., -- Section 482: Quashing of proceedings  Offences under Sections 406, 409 and 420 o f I.P.C.,  - Rejection of application made under Section 227 of Cr.P.C., - Held,  It is well settled law when a petition filed under Section 482 Cr.P.C. seeking quashing of charges framed against accused, the High Court should not interfere with the order unless there are strong reasons. Such an order could be passed only in exceptional cases or rare cases. Moreover, once the trial Court has framed charges against the accused persons, trial must proceed with necessary assistance. ',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => 'S. Nagaraj and ;Rekha, Advs.',
		'counseldef' => 'S.Z.A. Khureshi, Adv.',
		'court' => 'Karnataka',
		'court_type' => 'HC',
		'decidedon' => '2005-03-16',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => 'Ram Mohan Reddy, J.',
		'judgement' => 'ORDER<p style="text-align: justify;">Ram Mohan Reddy, J.</p><p style="text-align: justify;">1. In these writ petitions, the Life Insurance Corporation of India has assailed the show cause notices and demand notices issued by the respondent-Labor Inspectors under the provisions of the Karnataka Shops and Commercial Establishment Act, 1961 (for short 'Act of 1961) r/w the Karnataka Shops and Commercials Establishment Rules, 1963 (for short 'Rules of 1963) and the <a href="/act/61954/karnataka-labour-welfare-fund-act-1965-complete-act">Karnataka Labour Welfare Fund Act, 1965</a> (for short 'Act of 1965'). The parties being common and common questions of fact and that of law having arisen, with the consent of the learned counsel for the parties, the petitions are clubbed, heard together and are disposed of by this common order.</p><p style="text-align: justify;">2. The petitioner having questioned the issue of show cause notices and demand notices calling upon it to comply with the provisions of the aforesaid Acts, has in addition sought for a declaration that it is exempt from the application of the provisions of the Act of 1965 and the Act of 1961.</p><p style="text-align: justify;">3. The claim of the petitioner is that the provisions of Life Insurance Corporation Act, 1966 (for short 'LIC Act'), read with Rules and Regulations framed thereunder provides for the welfare of its employees and the scheme of the Act does not admit any other regulatory measure by any other Law. The employees of the corporation are under the protective umbrella of the 'LIC Act' and the Rules and Regulations. The Regulations framed under the provisions of Section 49 of the 'LIC Act', it is said, provides for service conditions of employees of LIC and that Agents are not employees in view of Regulation (2) of the LIC Staff Regulations, 1960. It is further contended that, for the welfare of the employees it has provided benefits such as Provident Fund, Gratuity, Term Assurance, Medical Benefit Scheme, etc. In addition it is stated that the employees are entitled to medical/casual/privilege leave. Lastly, it is contended that the enactments of the State cannot encroach upon the field fully occupied by the Central Act namely LIC Act, 1956 read with Rules and Regulations. In terms of the aforesaid pleadings, it is contended that the provisions of the Act of 1965 and the Act of 1961 read with the Rules of 1963, have no application to the petitioner, although petitioner admits that one of its branches at Chintamani, by an erroneous understanding of law made payment to the welfare fund. Hence these writ petitions.</p><p style="text-align: justify;">4. The respondents have opposed the petition in W.P. No. 23950/ 1996 by filing the statement of objections dated 3.3.1996 inter alia contending that the petitioner-Life Insurance Corporation carries on business of insurance which falls within the definition of the term 'commercial establishment' under the Act of 1961 and not being an establishment under the Central Government, is not exempt from the application of the provisions of the Act of 1961 and the Act of 1965. In addition, it is contended that the commission paid to the agents of the petitioners, is in fact wages and therefore, the Officers of the agents also fall within the meaning of the term 'commercial establishment' under the aforesaid Acts. In paragraph 7 of the statement of objections, reference is made to the decision of the Apex Court in S.K. Verma v. Mahesh Chandra and Anr., 1983(2) LLJ 429 where in the Apex Court deprecated the conduct of the petitioner in raising frivolous claims as regards the meaning of the term 'workman' under the <a href="/act/51293/industrial-disputes-act-1947-complete-act">Industrial Disputes Act, 1947</a>.</p><p style="text-align: justify;">5. Sri Nagaraj a, learned Counsel for the petitioner would contend that a conspectus of the provisions of the <a href="/act/51149/life-insurance-corporation-act-1956-complete-act">Life Insurance Corporation Act, 1956</a> in particular Sections 3, 4, 5, 6, 11, 17, 48 and 49 would indicate that the Central Government has pervasive control over the Life Insurance Corporation, hence an establishment under the Central Government, hi addition, learned Counsel would contend that though Sub-section (e) of Section 2 of the Act of 1961 defines 'commercial establishment' to include insurance establishment but Clause (a) of Sub-section (1) of Section 3 of the Act of 1961 exempts the application of the Act to the petitioner being an establishment under the Central Government. The learned Counsel would further point out to Sub-section 4(iii) of Section 2 of the Act of 1965 to contend that it provides for exclusion of the application of the provisions of the said Act to the petitioner establishment. Lastly, Sri Nagaraja, learned Counsel would submit that though the word 'of is used in Section 2(4)(iii) in the Act of 1965, it is to be read as 'under' and applying the same, excludes the application of the Act to the petitioner, an establishment of the Central Government. In support of the said contentions, Learned Counsel would place reliance upon a judgment of the High Court of Kerala in the case of Life Insurance Corporation v. Appellate Authority, 1991 II LLJ 226.</p><p style="text-align: justify;">6. Per contra, learned High Court Government Pleader for the respondents would contend that the Life Insurance Corporation being a 'commercial establishment' falling within the definition of the said term under the Act of 1961 and not a Central Government establishment, is not exempt from the application of the Act of 1961 and the Act of 1965.</p><p style="text-align: justify;">7. Having heard the learned Counsel for the parties, the only question that arises for decision making is whether the petitioner Life Insurance Corporation is an establishment under the Central Government exempt from the application of the Act of 1961 and the Act of 1965?</p><p style="text-align: justify;">8. Life Insurance Corporation of India is established under the <a href="/act/51149/life-insurance-corporation-act-1956-complete-act">Life Insurance Corporation Act, 1956</a>. A conjoint reading of Sections 3, 4, 5, 6 and 17 coupled with the power of the Central Government, to make Rules under Section 48 and promulgate the service conditions of employees under Section 49 of the LIC Act, it is beyond cavil of doubt that the Central Government has all pervasive control over the Life Insurance Corporation. If that is so, it goes without saying that the petitioner is an establishment under the Central Government. In the circumstances the judgment of the Apex Court in C.V. Raman v. Management of Bank of India, 1988 II LLJ 423 is apposite:</p><p style="text-align: justify;">'If the 'Criteria' laid down above is applied to the facts of the instant cases it is obvious that even though the State Bank of India and the nationalised banks may not be owned as such by the Central Government and its employees may not be the employees of the Central Government, they certainly will fall within the purview of the expression 'under the Central Government', in view of the existence of deep and pervasive control of the Central Government over these banks'.</p><p style="text-align: justify;">9. In Life Insurance Corporation's case, supra, what essentially fell for consideration was whether the Corporation is a creature of the statute. The High Court of Kerala, having considered the various provisions of the LIC Act, and the control exercised by the Central Government, following the principles laid down by the Apex Court in C.V. Raman's case, held that the petitioner Corporation falls within the purview of the expression 'under the Central Government'. Applying the same to the exclusion provision under Section 3(1)(c) of the Kerala Shops and Commercial Establishments Act, 1960, it was further held that the said Act has no application to the petitioner establishment.</p><p style="text-align: justify;">10. I do not see any reason to deviate from the view taken by the Kerala High Court. For the very same reasons, I am of the considered opinion that therefore the petitioner corporation, is an establishment under the Central Government and applying the exclusion Clause (a) of Sub-section (1) of Section 3 of the Act of 1961, is exempt from the application of the said Act.</p><p style="text-align: justify;">Sub-Section 4(iii) of Section 2 of the Act of 1965 specifically defines 'establishment' to mean a factory, motor omni, any establishment including a society registered under the Karnataka Societies Registration Act, etc., but not to include an establishment of the Central or State Government. Having held that the petitioner is an establishment under the Central Government, though the word 'of' is used in the said section the same is to be read as 'under', whereby the petitioner stands excluded from the application of the said Act.</p><p style="text-align: justify;">The writ petitions are allowed and it is declared that the establishment of the petitioner is exempt from the application of the provisions of <a href="/act/61954/karnataka-labour-welfare-fund-act-1965-complete-act">Karnataka Labour Welfare Fund Act, 1965</a> and the Karnataka Shops and Commercial Establishments Act, 1961 and the Rules 1963. The impugned show cause notices and demand notices stand quashed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
		'observations' => null,
		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '[2005(106)FLR777]; ILR2005KAR2701; 2005(5)KarLJ564',
		'ratiodecidendi' => '',
		'respondent' => 'State of Karnataka by Its Chief Secretary and ors.',
		'sub' => 'Labour and Industrial',
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		'circuit' => null
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View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
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Warning (2): Invalid argument supplied for foreach() [APP/View/Case/meta.ctp, line 39]
Code Context
//$shops = $shops['entities'];

foreach ($shops2 as $key => $val) {
$viewFile = '/home/legalcrystal/app/View/Case/meta.ctp'
$dataForView = array(
	'title_for_layout' => 'Life Insurance Corporation of India Respdt. by Its Divisional Manager Vs. State of Karnataka by Its Chief Secretary and ors. Semantic Analysis',
	'shops' => array(
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			(int) 0 => 'Section 49',
			(int) 1 => 'the Central Act',
			(int) 2 => 'the Industrial Disputes Act',
			(int) 3 => 'Section 2 of the Act of',
			(int) 4 => 'Section 3 of the Act of',
			(int) 5 => 'Section 2 of the Act of',
			(int) 6 => 'Section 2(4)(iii',
			(int) 7 => 'Section 48',
			(int) 8 => 'Section 49',
			(int) 9 => 'the LIC Act',
			(int) 10 => 'the LIC Act',
			(int) 11 => 'Section 3(1)(c',
			(int) 12 => 'Section 3 of the Act of',
			(int) 13 => 'Section 2 of the Act of'
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		'PERSON' => array(
			(int) 0 => 'Mohan Reddy',
			(int) 1 => 'Law',
			(int) 2 => 'Verma v. Mahesh Chandra',
			(int) 3 => 'Anr',
			(int) 4 => 'Sri Nagaraj',
			(int) 5 => 'Counsel',
			(int) 6 => 'Sri Nagaraja',
			(int) 7 => 'Pleader'
		),
		'NORP' => array(
			(int) 0 => 'J.1'
		),
		'ORG' => array(
			(int) 0 => 'the Life Insurance Corporation of India',
			(int) 1 => 'the Karnataka Shops',
			(int) 2 => 'the Karnataka Shops and Commercials Establishment Rules',
			(int) 3 => 'the Karnataka Labour Welfare Fund Act',
			(int) 4 => 'Life Insurance Corporation Act',
			(int) 5 => 'LIC',
			(int) 6 => 'Provident Fund',
			(int) 7 => 'Term Assurance',
			(int) 8 => 'State',
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			(int) 10 => 'W.P. No',
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			(int) 12 => 'the Central Government',
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			(int) 17 => 'the Central Government',
			(int) 18 => 'the Life Insurance Corporation',
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			(int) 23 => 'Counsel',
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			(int) 29 => 'LLJ 226.6',
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			(int) 40 => 'the Life Insurance Corporation',
			(int) 41 => 'the Central Government',
			(int) 42 => 'the Apex Court',
			(int) 43 => 'C.V. Raman v. Management of Bank of India',
			(int) 44 => 'the State Bank of India',
			(int) 45 => 'the Central Government',
			(int) 46 => 'the Central Government',
			(int) 47 => 'the Central Government'',
			(int) 48 => 'the Central Government',
			(int) 49 => 'In Life Insurance Corporation's',
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			(int) 51 => 'The High Court',
			(int) 52 => 'the Central Government',
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			(int) 54 => 'C.V. Raman's',
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			(int) 62 => 'Karnataka Labour Welfare Fund Act',
			(int) 63 => 'the Karnataka Shops'
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			(int) 18 => '4',
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			(int) 29 => '1991',
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			(int) 31 => '1961',
			(int) 32 => '1961',
			(int) 33 => '1956',
			(int) 34 => '4',
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			(int) 36 => '1988',
			(int) 37 => '1960',
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			(int) 39 => '1965',
			(int) 40 => '1965',
			(int) 41 => '1961',
			(int) 42 => '1963'
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		'CARDINAL' => array(
			(int) 0 => '1961.3',
			(int) 1 => '2',
			(int) 2 => 'one',
			(int) 3 => '3.3.1996',
			(int) 4 => '7',
			(int) 5 => '1983(2',
			(int) 6 => '429',
			(int) 7 => '1947.5',
			(int) 8 => '1',
			(int) 9 => '1965.7',
			(int) 10 => '1965?8',
			(int) 11 => '6',
			(int) 12 => '17',
			(int) 13 => '1'
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		'PRODUCT' => array(
			(int) 0 => 'the 'LIC Act''
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		'GPE' => array(
			(int) 0 => 'S.K.',
			(int) 1 => 'Kerala',
			(int) 2 => 'Kerala',
			(int) 3 => 'establishment.10'
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		'Judgement' => array(
			'id' => '378647',
			'acts' => 'Karnataka Shops and Commercial Establishment Act, 1961 - Sections 2 and 3(1); Karnataka Shops and Commercials Establishment Rules, 1963; <a href="/act/61954/karnataka-labour-welfare-fund-act-1965-complete-act">Karnataka Labour Welfare Fund Act, 1965</a> - Sections 2(4); Life Insurance Corporation Act, 1966 - Sections 49; <a href="/act/51149/life-insurance-corporation-act-1956-complete-act">Life Insurance Corporation Act, 1956</a> - Sections 3, 4, 5, 6, 7, 11, 17, 48 and 49; Life Insurance Corporation Rules; Life Insurance Corporation Regulations; <a href="/act/51293/industrial-disputes-act-1947-complete-act">Industrial Disputes Act, 1947</a>; Kerala Shops and Commercial Establishments Act, 1960; Karnataka Societies Registration Act; Life Insurance Corporation Staff Regulations, 1960 - Regulation 2',
			'appealno' => 'Writ Petition Nos. 6854, 17993 and 42845/1999 etc. and 23950/1996',
			'appellant' => 'Life Insurance Corporation of India Respdt. by Its Divisional Manager',
			'authreffered' => '',
			'casename' => 'Life Insurance Corporation of India Respdt. by Its Divisional Manager Vs. State of Karnataka by Its Chief Secretary and ors.',
			'casenote' => 'LIFE INSURANCE CORPORATION ACT, 1956 - SECTIONS 3, 4, 5, 6, 11, 17, 48, AND 49-LIFE INSURANCE CORPORATION OF INDIA STAFF REGULATIONS,1960 - REGULATION 2 - KARNATAKA AND COMMERCIAL ESTABLISHMENT ACT, 1961 / KARNATAKA SHOPS AN COMMERCIAL ESTABLISHMENT, RULES 1963-KARNATAKA LABOUR WELFARE FUND ACT, 1965-Petitioners have questioned the issue of show cause notices and demand notices calling upon it to comply with the provisions of the 1961 and 1965 Acts and sought for a declaration that it is exempt from the application of the provisions of the Act of 1965 and the Act of 1961. Whether the petitioner Life Insurance Corporation which is an establishment under the Central Government exempt from the application of the Act of 1961 and Act of 1965-Held-That Sub-section (e) of Section 2 of the Act of 1961 defines 'commercial establishment' to include insurance establishment but clause or Sub-section (1) of Section 3 of the Act of 1961 exempts the application of the Act to the petitioner being of establishment under the Central Government. Therefore the petitioner corporation, is an establishment under the Central Government and applying the exclusion Clause (a) of Sub-section (1) of Section 3 of the Act of 1961, is exempt from the application of the said Act. Similarly Sub-Section 4(iii) of Section 2 of the Act of 1965 specifically defines 'establishment' to mean a factory, motor omni, any establishment including a society registered under the Karnataka Societies Registration Act, etc., but not to include an establishment of the Central or State Government. Having held that the petitioner is an establishment under the Central Government, though the word 'of is used in the said Section the same is to be read as 'under', whereby the petitioner stands excluded from the application of the said Act. It is declared that the establishment of the petitioner is exempt from the application of the provisions of Karnataka Labour Welfare Fund Act, 1965 and the Karnataka Shops and Commercial Establishments Act, 1961 and the Rules 1963. The impugned show cause notices and demand notices stand quashed.;Writ Petitions allowed. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 181 (4): [N.Ananda, J] Jurisdiction to try the offence under Held, Under Section 181(4) of Cr.P.C., if any offence relates to misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which was subject to the offence was received or retained, or was required to be returned or accounted for, by the accused person. On facts held,  The six wind operated electricity generators were leased to petitioners and petitioners had to account for the same at Manipal. The lease was accepted by petitioners at Manipal. Therefore, trial of a case of criminal breach of trust before jurisdiction Court at Udupi is in conformity with provisions under Section 181(4) of Cr.P.C., -- Section 482: Quashing of proceedings  Offences under Sections 406, 409 and 420 o f I.P.C.,  - Rejection of application made under Section 227 of Cr.P.C., - Held,  It is well settled law when a petition filed under Section 482 Cr.P.C. seeking quashing of charges framed against accused, the High Court should not interfere with the order unless there are strong reasons. Such an order could be passed only in exceptional cases or rare cases. Moreover, once the trial Court has framed charges against the accused persons, trial must proceed with necessary assistance. ',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => 'S. Nagaraj and ;Rekha, Advs.',
			'counseldef' => 'S.Z.A. Khureshi, Adv.',
			'court' => 'Karnataka',
			'court_type' => 'HC',
			'decidedon' => '2005-03-16',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => 'Ram Mohan Reddy, J.',
			'judgement' => 'ORDER<p style="text-align: justify;">Ram Mohan Reddy, J.</p><p style="text-align: justify;">1. In these writ petitions, the Life Insurance Corporation of India has assailed the show cause notices and demand notices issued by the respondent-Labor Inspectors under the provisions of the Karnataka Shops and Commercial Establishment Act, 1961 (for short 'Act of 1961) r/w the Karnataka Shops and Commercials Establishment Rules, 1963 (for short 'Rules of 1963) and the <a href="/act/61954/karnataka-labour-welfare-fund-act-1965-complete-act">Karnataka Labour Welfare Fund Act, 1965</a> (for short 'Act of 1965'). The parties being common and common questions of fact and that of law having arisen, with the consent of the learned counsel for the parties, the petitions are clubbed, heard together and are disposed of by this common order.</p><p style="text-align: justify;">2. The petitioner having questioned the issue of show cause notices and demand notices calling upon it to comply with the provisions of the aforesaid Acts, has in addition sought for a declaration that it is exempt from the application of the provisions of the Act of 1965 and the Act of 1961.</p><p style="text-align: justify;">3. The claim of the petitioner is that the provisions of Life Insurance Corporation Act, 1966 (for short 'LIC Act'), read with Rules and Regulations framed thereunder provides for the welfare of its employees and the scheme of the Act does not admit any other regulatory measure by any other Law. The employees of the corporation are under the protective umbrella of the 'LIC Act' and the Rules and Regulations. The Regulations framed under the provisions of Section 49 of the 'LIC Act', it is said, provides for service conditions of employees of LIC and that Agents are not employees in view of Regulation (2) of the LIC Staff Regulations, 1960. It is further contended that, for the welfare of the employees it has provided benefits such as Provident Fund, Gratuity, Term Assurance, Medical Benefit Scheme, etc. In addition it is stated that the employees are entitled to medical/casual/privilege leave. Lastly, it is contended that the enactments of the State cannot encroach upon the field fully occupied by the Central Act namely LIC Act, 1956 read with Rules and Regulations. In terms of the aforesaid pleadings, it is contended that the provisions of the Act of 1965 and the Act of 1961 read with the Rules of 1963, have no application to the petitioner, although petitioner admits that one of its branches at Chintamani, by an erroneous understanding of law made payment to the welfare fund. Hence these writ petitions.</p><p style="text-align: justify;">4. The respondents have opposed the petition in W.P. No. 23950/ 1996 by filing the statement of objections dated 3.3.1996 inter alia contending that the petitioner-Life Insurance Corporation carries on business of insurance which falls within the definition of the term 'commercial establishment' under the Act of 1961 and not being an establishment under the Central Government, is not exempt from the application of the provisions of the Act of 1961 and the Act of 1965. In addition, it is contended that the commission paid to the agents of the petitioners, is in fact wages and therefore, the Officers of the agents also fall within the meaning of the term 'commercial establishment' under the aforesaid Acts. In paragraph 7 of the statement of objections, reference is made to the decision of the Apex Court in S.K. Verma v. Mahesh Chandra and Anr., 1983(2) LLJ 429 where in the Apex Court deprecated the conduct of the petitioner in raising frivolous claims as regards the meaning of the term 'workman' under the <a href="/act/51293/industrial-disputes-act-1947-complete-act">Industrial Disputes Act, 1947</a>.</p><p style="text-align: justify;">5. Sri Nagaraj a, learned Counsel for the petitioner would contend that a conspectus of the provisions of the <a href="/act/51149/life-insurance-corporation-act-1956-complete-act">Life Insurance Corporation Act, 1956</a> in particular Sections 3, 4, 5, 6, 11, 17, 48 and 49 would indicate that the Central Government has pervasive control over the Life Insurance Corporation, hence an establishment under the Central Government, hi addition, learned Counsel would contend that though Sub-section (e) of Section 2 of the Act of 1961 defines 'commercial establishment' to include insurance establishment but Clause (a) of Sub-section (1) of Section 3 of the Act of 1961 exempts the application of the Act to the petitioner being an establishment under the Central Government. The learned Counsel would further point out to Sub-section 4(iii) of Section 2 of the Act of 1965 to contend that it provides for exclusion of the application of the provisions of the said Act to the petitioner establishment. Lastly, Sri Nagaraja, learned Counsel would submit that though the word 'of is used in Section 2(4)(iii) in the Act of 1965, it is to be read as 'under' and applying the same, excludes the application of the Act to the petitioner, an establishment of the Central Government. In support of the said contentions, Learned Counsel would place reliance upon a judgment of the High Court of Kerala in the case of Life Insurance Corporation v. Appellate Authority, 1991 II LLJ 226.</p><p style="text-align: justify;">6. Per contra, learned High Court Government Pleader for the respondents would contend that the Life Insurance Corporation being a 'commercial establishment' falling within the definition of the said term under the Act of 1961 and not a Central Government establishment, is not exempt from the application of the Act of 1961 and the Act of 1965.</p><p style="text-align: justify;">7. Having heard the learned Counsel for the parties, the only question that arises for decision making is whether the petitioner Life Insurance Corporation is an establishment under the Central Government exempt from the application of the Act of 1961 and the Act of 1965?</p><p style="text-align: justify;">8. Life Insurance Corporation of India is established under the <a href="/act/51149/life-insurance-corporation-act-1956-complete-act">Life Insurance Corporation Act, 1956</a>. A conjoint reading of Sections 3, 4, 5, 6 and 17 coupled with the power of the Central Government, to make Rules under Section 48 and promulgate the service conditions of employees under Section 49 of the LIC Act, it is beyond cavil of doubt that the Central Government has all pervasive control over the Life Insurance Corporation. If that is so, it goes without saying that the petitioner is an establishment under the Central Government. In the circumstances the judgment of the Apex Court in C.V. Raman v. Management of Bank of India, 1988 II LLJ 423 is apposite:</p><p style="text-align: justify;">'If the 'Criteria' laid down above is applied to the facts of the instant cases it is obvious that even though the State Bank of India and the nationalised banks may not be owned as such by the Central Government and its employees may not be the employees of the Central Government, they certainly will fall within the purview of the expression 'under the Central Government', in view of the existence of deep and pervasive control of the Central Government over these banks'.</p><p style="text-align: justify;">9. In Life Insurance Corporation's case, supra, what essentially fell for consideration was whether the Corporation is a creature of the statute. The High Court of Kerala, having considered the various provisions of the LIC Act, and the control exercised by the Central Government, following the principles laid down by the Apex Court in C.V. Raman's case, held that the petitioner Corporation falls within the purview of the expression 'under the Central Government'. Applying the same to the exclusion provision under Section 3(1)(c) of the Kerala Shops and Commercial Establishments Act, 1960, it was further held that the said Act has no application to the petitioner establishment.</p><p style="text-align: justify;">10. I do not see any reason to deviate from the view taken by the Kerala High Court. For the very same reasons, I am of the considered opinion that therefore the petitioner corporation, is an establishment under the Central Government and applying the exclusion Clause (a) of Sub-section (1) of Section 3 of the Act of 1961, is exempt from the application of the said Act.</p><p style="text-align: justify;">Sub-Section 4(iii) of Section 2 of the Act of 1965 specifically defines 'establishment' to mean a factory, motor omni, any establishment including a society registered under the Karnataka Societies Registration Act, etc., but not to include an establishment of the Central or State Government. Having held that the petitioner is an establishment under the Central Government, though the word 'of' is used in the said section the same is to be read as 'under', whereby the petitioner stands excluded from the application of the said Act.</p><p style="text-align: justify;">The writ petitions are allowed and it is declared that the establishment of the petitioner is exempt from the application of the provisions of <a href="/act/61954/karnataka-labour-welfare-fund-act-1965-complete-act">Karnataka Labour Welfare Fund Act, 1965</a> and the Karnataka Shops and Commercial Establishments Act, 1961 and the Rules 1963. The impugned show cause notices and demand notices stand quashed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
			'observations' => null,
			'overruledby' => null,
			'prhistory' => '',
			'pubs' => '[2005(106)FLR777]; ILR2005KAR2701; 2005(5)KarLJ564',
			'ratiodecidendi' => '',
			'respondent' => 'State of Karnataka by Its Chief Secretary and ors.',
			'sub' => 'Labour and Industrial',
			'link' => null,
			'circuit' => null
		)
	),
	'args' => array(
		(int) 0 => '378647'
	)
)
$title_for_layout = 'Life Insurance Corporation of India Respdt. by Its Divisional Manager Vs. State of Karnataka by Its Chief Secretary and ors. Semantic Analysis'
$shops = array(
	'LAW' => array(
		(int) 0 => 'Section 49',
		(int) 1 => 'the Central Act',
		(int) 2 => 'the Industrial Disputes Act',
		(int) 3 => 'Section 2 of the Act of',
		(int) 4 => 'Section 3 of the Act of',
		(int) 5 => 'Section 2 of the Act of',
		(int) 6 => 'Section 2(4)(iii',
		(int) 7 => 'Section 48',
		(int) 8 => 'Section 49',
		(int) 9 => 'the LIC Act',
		(int) 10 => 'the LIC Act',
		(int) 11 => 'Section 3(1)(c',
		(int) 12 => 'Section 3 of the Act of',
		(int) 13 => 'Section 2 of the Act of'
	),
	'PERSON' => array(
		(int) 0 => 'Mohan Reddy',
		(int) 1 => 'Law',
		(int) 2 => 'Verma v. Mahesh Chandra',
		(int) 3 => 'Anr',
		(int) 4 => 'Sri Nagaraj',
		(int) 5 => 'Counsel',
		(int) 6 => 'Sri Nagaraja',
		(int) 7 => 'Pleader'
	),
	'NORP' => array(
		(int) 0 => 'J.1'
	),
	'ORG' => array(
		(int) 0 => 'the Life Insurance Corporation of India',
		(int) 1 => 'the Karnataka Shops',
		(int) 2 => 'the Karnataka Shops and Commercials Establishment Rules',
		(int) 3 => 'the Karnataka Labour Welfare Fund Act',
		(int) 4 => 'Life Insurance Corporation Act',
		(int) 5 => 'LIC',
		(int) 6 => 'Provident Fund',
		(int) 7 => 'Term Assurance',
		(int) 8 => 'State',
		(int) 9 => 'Chintamani',
		(int) 10 => 'W.P. No',
		(int) 11 => '-Life Insurance Corporation',
		(int) 12 => 'the Central Government',
		(int) 13 => 'the Apex Court',
		(int) 14 => 'the Apex Court',
		(int) 15 => 'the Life Insurance Corporation Act',
		(int) 16 => 'Sections 3,',
		(int) 17 => 'the Central Government',
		(int) 18 => 'the Life Insurance Corporation',
		(int) 19 => 'the Central Government',
		(int) 20 => 'Counsel',
		(int) 21 => 'the Central Government',
		(int) 22 => 'Counsel',
		(int) 23 => 'Counsel',
		(int) 24 => 'the Central Government',
		(int) 25 => 'Learned Counsel',
		(int) 26 => 'the High Court',
		(int) 27 => 'Life Insurance Corporation',
		(int) 28 => 'Appellate Authority',
		(int) 29 => 'LLJ 226.6',
		(int) 30 => 'High Court Government',
		(int) 31 => 'the Life Insurance Corporation',
		(int) 32 => 'Central Government',
		(int) 33 => 'Life Insurance Corporation',
		(int) 34 => 'the Central Government',
		(int) 35 => 'Life Insurance Corporation of India',
		(int) 36 => 'the Life Insurance Corporation Act',
		(int) 37 => 'Sections 3,',
		(int) 38 => 'the Central Government',
		(int) 39 => 'the Central Government',
		(int) 40 => 'the Life Insurance Corporation',
		(int) 41 => 'the Central Government',
		(int) 42 => 'the Apex Court',
		(int) 43 => 'C.V. Raman v. Management of Bank of India',
		(int) 44 => 'the State Bank of India',
		(int) 45 => 'the Central Government',
		(int) 46 => 'the Central Government',
		(int) 47 => 'the Central Government'',
		(int) 48 => 'the Central Government',
		(int) 49 => 'In Life Insurance Corporation's',
		(int) 50 => 'Corporation',
		(int) 51 => 'The High Court',
		(int) 52 => 'the Central Government',
		(int) 53 => 'the Apex Court',
		(int) 54 => 'C.V. Raman's',
		(int) 55 => 'Corporation',
		(int) 56 => 'the Central Government'',
		(int) 57 => 'the Kerala Shops',
		(int) 58 => 'the Kerala High Court',
		(int) 59 => 'the Central Government',
		(int) 60 => 'the Karnataka Societies Registration Act',
		(int) 61 => 'the Central Government',
		(int) 62 => 'Karnataka Labour Welfare Fund Act',
		(int) 63 => 'the Karnataka Shops'
	),
	'DATE' => array(
		(int) 0 => '1961',
		(int) 1 => '1961',
		(int) 2 => '1963',
		(int) 3 => '1963',
		(int) 4 => '1965',
		(int) 5 => '1965',
		(int) 6 => '1965',
		(int) 7 => '1966',
		(int) 8 => '1960',
		(int) 9 => '1956',
		(int) 10 => '1965',
		(int) 11 => '1961',
		(int) 12 => '1963',
		(int) 13 => '23950/ 1996',
		(int) 14 => '1961',
		(int) 15 => '1961',
		(int) 16 => '1965',
		(int) 17 => '1956',
		(int) 18 => '4',
		(int) 19 => '5',
		(int) 20 => '6',
		(int) 21 => '11',
		(int) 22 => '17',
		(int) 23 => '48',
		(int) 24 => '49',
		(int) 25 => '1961',
		(int) 26 => '1961',
		(int) 27 => '1965',
		(int) 28 => '1965',
		(int) 29 => '1991',
		(int) 30 => '1961',
		(int) 31 => '1961',
		(int) 32 => '1961',
		(int) 33 => '1956',
		(int) 34 => '4',
		(int) 35 => '5',
		(int) 36 => '1988',
		(int) 37 => '1960',
		(int) 38 => '1961',
		(int) 39 => '1965',
		(int) 40 => '1965',
		(int) 41 => '1961',
		(int) 42 => '1963'
	),
	'CARDINAL' => array(
		(int) 0 => '1961.3',
		(int) 1 => '2',
		(int) 2 => 'one',
		(int) 3 => '3.3.1996',
		(int) 4 => '7',
		(int) 5 => '1983(2',
		(int) 6 => '429',
		(int) 7 => '1947.5',
		(int) 8 => '1',
		(int) 9 => '1965.7',
		(int) 10 => '1965?8',
		(int) 11 => '6',
		(int) 12 => '17',
		(int) 13 => '1'
	),
	'PRODUCT' => array(
		(int) 0 => 'the 'LIC Act''
	),
	'GPE' => array(
		(int) 0 => 'S.K.',
		(int) 1 => 'Kerala',
		(int) 2 => 'Kerala',
		(int) 3 => 'establishment.10'
	),
	'QUANTITY' => array(
		(int) 0 => 'II LLJ 423 is apposite:'If the 'Criteria''
	)
)
$desc = array(
	'Judgement' => array(
		'id' => '378647',
		'acts' => 'Karnataka Shops and Commercial Establishment Act, 1961 - Sections 2 and 3(1); Karnataka Shops and Commercials Establishment Rules, 1963; <a href="/act/61954/karnataka-labour-welfare-fund-act-1965-complete-act">Karnataka Labour Welfare Fund Act, 1965</a> - Sections 2(4); Life Insurance Corporation Act, 1966 - Sections 49; <a href="/act/51149/life-insurance-corporation-act-1956-complete-act">Life Insurance Corporation Act, 1956</a> - Sections 3, 4, 5, 6, 7, 11, 17, 48 and 49; Life Insurance Corporation Rules; Life Insurance Corporation Regulations; <a href="/act/51293/industrial-disputes-act-1947-complete-act">Industrial Disputes Act, 1947</a>; Kerala Shops and Commercial Establishments Act, 1960; Karnataka Societies Registration Act; Life Insurance Corporation Staff Regulations, 1960 - Regulation 2',
		'appealno' => 'Writ Petition Nos. 6854, 17993 and 42845/1999 etc. and 23950/1996',
		'appellant' => 'Life Insurance Corporation of India Respdt. by Its Divisional Manager',
		'authreffered' => '',
		'casename' => 'Life Insurance Corporation of India Respdt. by Its Divisional Manager Vs. State of Karnataka by Its Chief Secretary and ors.',
		'casenote' => 'LIFE INSURANCE CORPORATION ACT, 1956 - SECTIONS 3, 4, 5, 6, 11, 17, 48, AND 49-LIFE INSURANCE CORPORATION OF INDIA STAFF REGULATIONS,1960 - REGULATION 2 - KARNATAKA AND COMMERCIAL ESTABLISHMENT ACT, 1961 / KARNATAKA SHOPS AN COMMERCIAL ESTABLISHMENT, RULES 1963-KARNATAKA LABOUR WELFARE FUND ACT, 1965-Petitioners have questioned the issue of show cause notices and demand notices calling upon it to comply with the provisions of the 1961 and 1965 Acts and sought for a declaration that it is exempt from the application of the provisions of the Act of 1965 and the Act of 1961. Whether the petitioner Life Insurance Corporation which is an establishment under the Central Government exempt from the application of the Act of 1961 and Act of 1965-Held-That Sub-section (e) of Section 2 of the Act of 1961 defines 'commercial establishment' to include insurance establishment but clause or Sub-section (1) of Section 3 of the Act of 1961 exempts the application of the Act to the petitioner being of establishment under the Central Government. Therefore the petitioner corporation, is an establishment under the Central Government and applying the exclusion Clause (a) of Sub-section (1) of Section 3 of the Act of 1961, is exempt from the application of the said Act. Similarly Sub-Section 4(iii) of Section 2 of the Act of 1965 specifically defines 'establishment' to mean a factory, motor omni, any establishment including a society registered under the Karnataka Societies Registration Act, etc., but not to include an establishment of the Central or State Government. Having held that the petitioner is an establishment under the Central Government, though the word 'of is used in the said Section the same is to be read as 'under', whereby the petitioner stands excluded from the application of the said Act. It is declared that the establishment of the petitioner is exempt from the application of the provisions of Karnataka Labour Welfare Fund Act, 1965 and the Karnataka Shops and Commercial Establishments Act, 1961 and the Rules 1963. The impugned show cause notices and demand notices stand quashed.;Writ Petitions allowed. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 181 (4): [N.Ananda, J] Jurisdiction to try the offence under Held, Under Section 181(4) of Cr.P.C., if any offence relates to misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which was subject to the offence was received or retained, or was required to be returned or accounted for, by the accused person. On facts held,  The six wind operated electricity generators were leased to petitioners and petitioners had to account for the same at Manipal. The lease was accepted by petitioners at Manipal. Therefore, trial of a case of criminal breach of trust before jurisdiction Court at Udupi is in conformity with provisions under Section 181(4) of Cr.P.C., -- Section 482: Quashing of proceedings  Offences under Sections 406, 409 and 420 o f I.P.C.,  - Rejection of application made under Section 227 of Cr.P.C., - Held,  It is well settled law when a petition filed under Section 482 Cr.P.C. seeking quashing of charges framed against accused, the High Court should not interfere with the order unless there are strong reasons. Such an order could be passed only in exceptional cases or rare cases. Moreover, once the trial Court has framed charges against the accused persons, trial must proceed with necessary assistance. ',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => 'S. Nagaraj and ;Rekha, Advs.',
		'counseldef' => 'S.Z.A. Khureshi, Adv.',
		'court' => 'Karnataka',
		'court_type' => 'HC',
		'decidedon' => '2005-03-16',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => 'Ram Mohan Reddy, J.',
		'judgement' => 'ORDER<p style="text-align: justify;">Ram Mohan Reddy, J.</p><p style="text-align: justify;">1. In these writ petitions, the Life Insurance Corporation of India has assailed the show cause notices and demand notices issued by the respondent-Labor Inspectors under the provisions of the Karnataka Shops and Commercial Establishment Act, 1961 (for short 'Act of 1961) r/w the Karnataka Shops and Commercials Establishment Rules, 1963 (for short 'Rules of 1963) and the <a href="/act/61954/karnataka-labour-welfare-fund-act-1965-complete-act">Karnataka Labour Welfare Fund Act, 1965</a> (for short 'Act of 1965'). The parties being common and common questions of fact and that of law having arisen, with the consent of the learned counsel for the parties, the petitions are clubbed, heard together and are disposed of by this common order.</p><p style="text-align: justify;">2. The petitioner having questioned the issue of show cause notices and demand notices calling upon it to comply with the provisions of the aforesaid Acts, has in addition sought for a declaration that it is exempt from the application of the provisions of the Act of 1965 and the Act of 1961.</p><p style="text-align: justify;">3. The claim of the petitioner is that the provisions of Life Insurance Corporation Act, 1966 (for short 'LIC Act'), read with Rules and Regulations framed thereunder provides for the welfare of its employees and the scheme of the Act does not admit any other regulatory measure by any other Law. The employees of the corporation are under the protective umbrella of the 'LIC Act' and the Rules and Regulations. The Regulations framed under the provisions of Section 49 of the 'LIC Act', it is said, provides for service conditions of employees of LIC and that Agents are not employees in view of Regulation (2) of the LIC Staff Regulations, 1960. It is further contended that, for the welfare of the employees it has provided benefits such as Provident Fund, Gratuity, Term Assurance, Medical Benefit Scheme, etc. In addition it is stated that the employees are entitled to medical/casual/privilege leave. Lastly, it is contended that the enactments of the State cannot encroach upon the field fully occupied by the Central Act namely LIC Act, 1956 read with Rules and Regulations. In terms of the aforesaid pleadings, it is contended that the provisions of the Act of 1965 and the Act of 1961 read with the Rules of 1963, have no application to the petitioner, although petitioner admits that one of its branches at Chintamani, by an erroneous understanding of law made payment to the welfare fund. Hence these writ petitions.</p><p style="text-align: justify;">4. The respondents have opposed the petition in W.P. No. 23950/ 1996 by filing the statement of objections dated 3.3.1996 inter alia contending that the petitioner-Life Insurance Corporation carries on business of insurance which falls within the definition of the term 'commercial establishment' under the Act of 1961 and not being an establishment under the Central Government, is not exempt from the application of the provisions of the Act of 1961 and the Act of 1965. In addition, it is contended that the commission paid to the agents of the petitioners, is in fact wages and therefore, the Officers of the agents also fall within the meaning of the term 'commercial establishment' under the aforesaid Acts. In paragraph 7 of the statement of objections, reference is made to the decision of the Apex Court in S.K. Verma v. Mahesh Chandra and Anr., 1983(2) LLJ 429 where in the Apex Court deprecated the conduct of the petitioner in raising frivolous claims as regards the meaning of the term 'workman' under the <a href="/act/51293/industrial-disputes-act-1947-complete-act">Industrial Disputes Act, 1947</a>.</p><p style="text-align: justify;">5. Sri Nagaraj a, learned Counsel for the petitioner would contend that a conspectus of the provisions of the <a href="/act/51149/life-insurance-corporation-act-1956-complete-act">Life Insurance Corporation Act, 1956</a> in particular Sections 3, 4, 5, 6, 11, 17, 48 and 49 would indicate that the Central Government has pervasive control over the Life Insurance Corporation, hence an establishment under the Central Government, hi addition, learned Counsel would contend that though Sub-section (e) of Section 2 of the Act of 1961 defines 'commercial establishment' to include insurance establishment but Clause (a) of Sub-section (1) of Section 3 of the Act of 1961 exempts the application of the Act to the petitioner being an establishment under the Central Government. The learned Counsel would further point out to Sub-section 4(iii) of Section 2 of the Act of 1965 to contend that it provides for exclusion of the application of the provisions of the said Act to the petitioner establishment. Lastly, Sri Nagaraja, learned Counsel would submit that though the word 'of is used in Section 2(4)(iii) in the Act of 1965, it is to be read as 'under' and applying the same, excludes the application of the Act to the petitioner, an establishment of the Central Government. In support of the said contentions, Learned Counsel would place reliance upon a judgment of the High Court of Kerala in the case of Life Insurance Corporation v. Appellate Authority, 1991 II LLJ 226.</p><p style="text-align: justify;">6. Per contra, learned High Court Government Pleader for the respondents would contend that the Life Insurance Corporation being a 'commercial establishment' falling within the definition of the said term under the Act of 1961 and not a Central Government establishment, is not exempt from the application of the Act of 1961 and the Act of 1965.</p><p style="text-align: justify;">7. Having heard the learned Counsel for the parties, the only question that arises for decision making is whether the petitioner Life Insurance Corporation is an establishment under the Central Government exempt from the application of the Act of 1961 and the Act of 1965?</p><p style="text-align: justify;">8. Life Insurance Corporation of India is established under the <a href="/act/51149/life-insurance-corporation-act-1956-complete-act">Life Insurance Corporation Act, 1956</a>. A conjoint reading of Sections 3, 4, 5, 6 and 17 coupled with the power of the Central Government, to make Rules under Section 48 and promulgate the service conditions of employees under Section 49 of the LIC Act, it is beyond cavil of doubt that the Central Government has all pervasive control over the Life Insurance Corporation. If that is so, it goes without saying that the petitioner is an establishment under the Central Government. In the circumstances the judgment of the Apex Court in C.V. Raman v. Management of Bank of India, 1988 II LLJ 423 is apposite:</p><p style="text-align: justify;">'If the 'Criteria' laid down above is applied to the facts of the instant cases it is obvious that even though the State Bank of India and the nationalised banks may not be owned as such by the Central Government and its employees may not be the employees of the Central Government, they certainly will fall within the purview of the expression 'under the Central Government', in view of the existence of deep and pervasive control of the Central Government over these banks'.</p><p style="text-align: justify;">9. In Life Insurance Corporation's case, supra, what essentially fell for consideration was whether the Corporation is a creature of the statute. The High Court of Kerala, having considered the various provisions of the LIC Act, and the control exercised by the Central Government, following the principles laid down by the Apex Court in C.V. Raman's case, held that the petitioner Corporation falls within the purview of the expression 'under the Central Government'. Applying the same to the exclusion provision under Section 3(1)(c) of the Kerala Shops and Commercial Establishments Act, 1960, it was further held that the said Act has no application to the petitioner establishment.</p><p style="text-align: justify;">10. I do not see any reason to deviate from the view taken by the Kerala High Court. For the very same reasons, I am of the considered opinion that therefore the petitioner corporation, is an establishment under the Central Government and applying the exclusion Clause (a) of Sub-section (1) of Section 3 of the Act of 1961, is exempt from the application of the said Act.</p><p style="text-align: justify;">Sub-Section 4(iii) of Section 2 of the Act of 1965 specifically defines 'establishment' to mean a factory, motor omni, any establishment including a society registered under the Karnataka Societies Registration Act, etc., but not to include an establishment of the Central or State Government. Having held that the petitioner is an establishment under the Central Government, though the word 'of' is used in the said section the same is to be read as 'under', whereby the petitioner stands excluded from the application of the said Act.</p><p style="text-align: justify;">The writ petitions are allowed and it is declared that the establishment of the petitioner is exempt from the application of the provisions of <a href="/act/61954/karnataka-labour-welfare-fund-act-1965-complete-act">Karnataka Labour Welfare Fund Act, 1965</a> and the Karnataka Shops and Commercial Establishments Act, 1961 and the Rules 1963. The impugned show cause notices and demand notices stand quashed.<p style="text-align: justify;"></p><p style="text-align: justify;">',
		'observations' => null,
		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '[2005(106)FLR777]; ILR2005KAR2701; 2005(5)KarLJ564',
		'ratiodecidendi' => '',
		'respondent' => 'State of Karnataka by Its Chief Secretary and ors.',
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LAW: Section 49, the Central Act, the Industrial Disputes Act, Section 2 of the Act of, Section 3 of the Act of, Section 2 of the Act of, Section 2(4)(iii, Section 48, Section 49, the LIC Act, the LIC Act, Section 3(1)(c, Section 3 of the Act of, Section 2 of the Act of

PERSON: Mohan Reddy, Law, Verma v. Mahesh Chandra, Anr, Sri Nagaraj, Counsel, Sri Nagaraja, Pleader

NORP: J.1

ORG: the Life Insurance Corporation of India, the Karnataka Shops, the Karnataka Shops and Commercials Establishment Rules, the Karnataka Labour Welfare Fund Act, Life Insurance Corporation Act, LIC, Provident Fund, Term Assurance, State, Chintamani, W.P. No, -Life Insurance Corporation, the Central Government, the Apex Court, the Apex Court, the Life Insurance Corporation Act, Sections 3,, the Central Government, the Life Insurance Corporation, the Central Government, Counsel, the Central Government, Counsel, Counsel, the Central Government, Learned Counsel, the High Court, Life Insurance Corporation, Appellate Authority, LLJ 226.6, High Court Government, the Life Insurance Corporation, Central Government, Life Insurance Corporation, the Central Government, Life Insurance Corporation of India, the Life Insurance Corporation Act, Sections 3,, the Central Government, the Central Government, the Life Insurance Corporation, the Central Government, the Apex Court, C.V. Raman v. Management of Bank of India, the State Bank of India, the Central Government, the Central Government, the Central Government', the Central Government, In Life Insurance Corporation's, Corporation, The High Court, the Central Government, the Apex Court, C.V. Raman's, Corporation, the Central Government', the Kerala Shops, the Kerala High Court, the Central Government, the Karnataka Societies Registration Act, the Central Government, Karnataka Labour Welfare Fund Act, the Karnataka Shops

DATE: 1961, 1961, 1963, 1963, 1965, 1965, 1965, 1966, 1960, 1956, 1965, 1961, 1963, 23950/ 1996, 1961, 1961, 1965, 1956, 4, 5, 6, 11, 17, 48, 49, 1961, 1961, 1965, 1965, 1991, 1961, 1961, 1961, 1956, 4, 5, 1988, 1960, 1961, 1965, 1965, 1961, 1963

CARDINAL: 1961.3, 2, one, 3.3.1996, 7, 1983(2, 429, 1947.5, 1, 1965.7, 1965?8, 6, 17, 1

PRODUCT: the 'LIC Act'

GPE: S.K., Kerala, Kerala, establishment.10

QUANTITY: II LLJ 423 is apposite:'If the 'Criteria'