THE SENIOR DIVISIONAL MANAGER LIC OF INDIA & ANR. vs RAJEEV KUMAR & ANR

Judgment text excerpt

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 01.04.2026 + LPA 181/2026, CM APPL. 20506/2026 & CM APPL. 20507/2026 THE SENIOR DIVISIONAL MANAGER LIC OF INDIA & ANR. .....Appellants Through: Mr. S. Rajappa, Mr. R. Gowrishankar & Ms. G. Dhivyasri, Advocates. versus RAJEEV KUMAR & ANR .....Respondents Through: CORAM: HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA TEJAS KARIA, J. (ORAL) 1. The present intra court Appeal challenges the order dated 03.02.2026 (“Impugned Order”) passed in CM APPL. 40868/2018 (“17B Application”) in W.P. (C) 5869/2017 (“Writ Petition”), whereby the learned Single Judge directed the Appellant to make the payment under Section 17B of the Industrial Disputes Act, 1947 (“ID Act”). 2. The Appellant has challenged the Impugned Order on the ground that the case of Respondent No. 1 is not covered under Section 2(s) of the ID Act as the same is not applicable in view of applicability of the provisions of Life Insurance Corporation Act, 1956 (“LIC Act”) and the regulations made therein. The Appellant has contended that the interplay between the LIC Act and ID Act is no longer res integra in view of the decision of the Supreme LPA 181/2026 Page 1 of 5 Signature Not Verified Signed By:NEELAM SHARMA Signing Date:06.04.2026 17:04:07 Court in A.V. Nachane & Anr. v. Union of India AIR, 1982 SC 1126, wherein it has been laid down that after the rules were framed under the LIC Act in respect of the matters dealt with by such rules, the provisions of the ID Act will cease to apply to that extent. 3. It was further submitted on behalf of the Appellant that in view of the law laid down by the Supreme Court in A.V. Nachane (supra), the Award dated 28.12.2016, which was challenged in the Writ Petition, was null and void. 4. The learned Co