Case Analysis The Senior Divisional Manager LIC of India & Anr vs Rajeev Kumar & Anr 2026 DHC 2802-DB
Synopsis
The appellant (LIC) challenged a Single Judge’s order directing it to pay the respondent/workman his last drawn wages under Section 17B of the Industrial Disputes Act, 1947, pending final disposal of the writ petition challenging a Labour Court award in favour of the workman. LIC argued that the ID Act does not apply to LIC employees because of Section 48(2) of the LIC Act and the regulations framed thereunder, citing Supreme Court judgments. The Division Bench dismissed the appeal, holding that the question of applicability of the ID Act cannot be decided at the stage of a 17B application; the award is still operative unless set aside; the appellant’s inconsistent stand before the Labour Court (denying the workman was an employee while claiming LIC Act ousts ID Act) further weakened its case. The court upheld the Single Judge’s order.
Court: High Court of Delhi
Coram: Devendra Kumar Upadhyaya, CJ & Tejas Karia, J.
Date: April 1, 2026
Citation: 2026:DHC:2802-DB
Core Law: Industrial Disputes Act, 1947 – Section 17B (payment of last drawn wages pending proceedings); Life Insurance Corporation Act, 1956 – Section 48(2).
2. Legal Framework
Industrial Disputes Act, 1947: Section 17B – power of the High Court to direct payment of last drawn wages to a workman pending proceedings against an award of reinstatement/back wages, if the workman is unemployed.
Life Insurance Corporation Act, 1956: Section 48(2) – provides that the provisions of the ID Act shall not apply to the employees of LIC to the extent the LIC Act or regulations made thereunder make provisions with respect to the matters covered by the ID Act.
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