NATIONAL INSURANCE CO LTD Vs. PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT KANPUR

JUDGEMENT

(1.) HEARD the Counsel for the parties and perused the record.

(2.) THIS writ petition has been filed challenging the validity and correctness of the award dated 13 -5 -1997 passed by the Central Government Industrial Tribunal -cum -labour Court, Kanpur. By the impugned award, C.G.I.T. has held that the order of removal of the workman Respondent No. 2 dated 4 -6 -1986 was quashed and that the workman is entitled for reinstatement in service with back wages from the date of reference.

(3.) THE brief facts of the case are that Respondent No. 2 was authorized to accept the premium from the parties and to issue the certificate in insurance. The workman/Respondent No. 2 issued certificate of Insurance No. 111/6302089/ 029863/12303/India dated 20 -11 - 1980 for comprehensive insurance in respect of Tractor Bearing Engine No. 35696 Escort 335 Model 1980, belonging to one Kabiruddin son of Late Abdul Majeed resident of village and post Ahmadpur Asrauli, District Allahabad. He did not deposit the premium receipts of the aforesaid insurance documents issued by him. He thus collected Rs. 700/ - in cash as premium from the aforesaid insurer. The Branch Officer/Company was thus completely unaware about the aforesaid risk. As per General Insurance (Conduct, Disciplinary and Appeal) Rule, 1975, no insurance document can be issued to any party without prior receipt. Respondent No. 2, who received the amount, was required to deposit the office copy or copy of certificate of Insurance as well as the amount with the branch office on the very date of the receipt of premium or latest by the following working day.