VidhiSangh

Supreme Court of India · 23/09/2024

TARUN CHUGH, CEO AND MANAGING DIRECTOR, BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD. versus SAROJ KUMAR PANDA

[2024] 9 S.C.R. 981 · 2024 INSC 821

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Summary

The Supreme Court set aside an ex parte industrial award directing an insurance company to reinstate a terminated employee, and the High Court order upholding it, because the employer company had never been impleaded before the Tribunal (only its officers were), the employee's status as a workman had not been examined, and the non-appearance was adequately explained; the dispute was remitted for fresh decision after impleadment of proper parties.

Issues

  1. Whether an award directing a company to reinstate an employee can stand when the claim was brought only against the company's officers and the company itself was not a party.
  2. Whether the ex parte award should be set aside where the employer's non-appearance was attributed to lapses of its counsel and the departure of the officers handling the matter.
  3. Whether the Tribunal had to examine if the employee, holding a managerial designation, was a workman before exercising jurisdiction.

Held

Result

Appeal allowed; the High Court order and the Tribunal's ex parte award set aside; matter remitted to the Tribunal for fresh decision on merits after impleadment of proper parties, with opportunity to both sides; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 981.