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1960 Supreme(All) 75

J.K.TANDON, R.A.MISRA
KEDAR NATH SETHI – Appellant
Versus
LIFE INSURANCE CORPORATION OF INDIA – Respondent


Advocates Appeared:
Jagdish Sarup, SUDERSHAN DAYAL, Sudhir Shanker, V.P.MISRA

J. K. TANDON, J.

( 1 ) THE petitioner Sri Kedar Nath Sethi is an employee of the Life Insurance Corporation of India since its inception. The history which preceded the constitution of the Corporation in so far as it is relevant, here is that there used to be a number of insurance companies in the country which carried on life insurance business. This business which has been called as controlled business was as a result of the nationalisation transferred and vested in the Corporation. The employees of these erstwhile companies were also transferred in the process under the employment of the corporation.

( 2 ) SECTION 11 of the Life Insurance Corporation Act which made provision for the transfer of the services of such employees laid down that every whole-time employee of an insurer,. e. an erstwhile insurance company whose controlled business had been transferred to and vested in the corporation and who was employed by the insurer wholly or mainly in connection with his controlled business immediately before the appointed day,. e. , the 1st September, 1956, shall, on and from that day become an employee of the Corporation. The section further laid down that such employee shall hold














































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