NATIONAL INSURANCE CO LTD Vs. GIRISH J PATEL

JUDGEMENT

(1.) The parties are finally heard. As the matter is heard finally, the orders on Civil Application No.1674 of 2003 are not required. The said application stands disposed of.

(2.) The petitioner-Insurance Company, being aggrieved by the award dated 15th December, 1994 passed by the learned Central Industrial Tribunal, Gujarat in Reference (ITC) No.20 of 1988, has filed this petition under Article 227 of the Constitution of India, challenging the correctness, validity and propriety of the award.

(3.) The short facts necessary for disposal of the present Writ Application are that one Girish J. Patel (since deceased) was appointed as a Trainee Inspector on 14th August, 1974 with the petitioner-Company and was thereafter, categorised as Inspector (Grade-I). As Inspector (Grade-I), he was entitled to receive premium, issue necessary cover notes and cover risks. On 17th April, 1978, fire broke in the premises of one insured and after the claim was lodged, the Insurance Company learnt that in fact, the cover note dated 15th April, 1978 was antedated or was to help and assist the alleged insured firm. After making the preliminary inquiry, the deceased employee was placed under suspension and was charge-sheeted on 19th September, 1980. The proceedings continued and ultimately, on 17th February, 1983, the disciplinary authority recorded its findings against the interest of the employee. The employee was terminated from the services. The matter was ultimately referred to the learned Industrial Tribunal.