Rashtriya Bima Karmachari Union v. Life Insurance Corporation Of India Ltd. And ANR.

Sr. No.29.wp.1222.2013.doc Vina k.

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1222 OF 2013 Rashtriya Bima Karmachari Union, Mumbai.

... Petitioner Vs.

Life Insurance Corporation of India Ltd and Anr.

... Respondents ...

Mr. N. M. Ganguli for the petitioner.

Mr. Sukanta Karmarkar for respondent no.1.

...

CORAM : ANOOP V. MOHTA AND G.S. KULKARNI, JJ.

DATE : 26 JULY 2016.

ORDER:- 1.

On hearing the learned counsel for the petitioner we are inclined to dispose of the present petition as the impugned prayer in the petition was to direct the Central Government to add issues in the reference which has already been referred vide order dated 20th February, 2009. This is in the background that the counsel appearing for management makes statement that they have no objection to add these two issues for adjudication. Therefore, by keeping all contentions open, the present petition is allowed by directing respondent no.2 referred the following issues in the pending reference;

"1. Salary for 11 months from 28.7.2003 to 4.7.2004 not paid by LIC of India due to the fall in the office during office hours, LIC of India treated the entire period as unauthorised leave as DIES-NON even though the Enquiry Report was in her favour.

2. Salary from 2.12.2004 to 5.3.2005 and not paid by LIC due to the collapse during the enquiry in the enquiry room No.1.12.2004. She being a very serious condition was admitted to the Hospital by LICI Mgr. P & TR."

Sr. No.29.wp.1222.2013.doc Vina k.

2.

The present petition is disposed of with the directions to respondent no.2 to decide the reference as early as possible preferably within four weeks. 3.

The parties to act on the authenticated copy of this order. (G.S. KULKARNI, J.) (ANOOP V. MOHTA, J.)