IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7804 of 2015 ======================================================

Amit Kumar Singh Son of Anirudh Singh resident of Brahmpura, Sonarpatti, P.O.- M.I.T. , P.S.- Brahmpura, District- Muzaffarpur.

... ... Petitioner/s Versus

1. The Union Of India through the Secretary, Ministry of Labour &

Employment, Government of India, New Delhi.

2. The Chief Labour Commissioner (Central) New Delhi.

3. The Assistant Director, IR Imp-I Ministry of Labour, New Delhi, 4. The Regional Labour Commissioner, Central, Patna.

5. The Assistant Labour Commissioner Central Patna.

6. The Senior Manager, Human Resources, TATA AIG Life Insurance Company Ltd., 6th floor, Peninsula Tow

7. The Regional Sales Manager, Tata A.I.G. Life Insurance Company Ltd. , First Floor, Harihar, Chamber, Boring Road, Patna

8. The Branch Manager Sales, Tata AIG Life Insurance Company Ltd. , 2nd Floor, Om Shanti Complex in front of Zila School, P.O. Ramna, District Muzaffarpur ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Union of India : Mr. R.K.Sharma, C.G.C.

For Private Respondent : M/s Pratap, Santosh Kumar, Advocates ======================================================

CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

ORAL JUDGMENT

Date : 16-02-2026

1. The petitioner has filed the instant application for the following relief(s):

“(i) For issuance of a writ in the nature of 'Certiorari' for quashing the award dated 12.09.2013, passed by the Presiding Officer, Central Government, and Industrial Tribunal No. (2) at Dhanbad in Reference No. 43 of 2012 and communicated to the in petitioner vide Reference No. 43/2012/771 dated 03.04.2014, whereby and where under it has been ordered that the action of the management of Tata AIG Life Insurance Committee Ltd. in termination of service of the petitioner is quite legal, and justified and hence the workman is not entitled to any relief from any time except his any legal dues up to the date of his termination.

(ii) For directing the concerned respondents to allow the petitioner to discharge his duties continuously and treat him in service since the date of his appointment/joining i.e. 02.01.2008.

iii) To hold that the petitioner is in service all along and entitled to his salary and other benefits.

(iv) To direct the respondents to pay up to date due salary and other benefits to the petitioner since September, 2008 to which he is entitled.

(v) To direct the concerned respondents to grant all other service benefits which arises out of service jurisprudence and for any other relief/releifs to which the petitioner is entitled in the facts and circumstances of the case.”

2. The brief facts as culled out of the petition are that the petitioner was appointed as Assistant Business Development Manager by the respondent–Management, Tata AIG Life Insurance Company Ltd., vide appointment letter dated

26.12.2007 and joined into service on 02.01.2008 in Muzaffarpur Branch. After completion of six months of satisfactory performance his services was confirmed as per the terms of the appointment and he became a permanent employee. It is his specific case that he discharged his duties diligently under the supervision of the Branch Sales Manager and contributed towards the enhancement of the company’s business. He was getting salary regularly till August, 2008 but when he did not receive his salary for the month of September, 2008, he made inquiries and came to know that he was shown as an “absconder” since 15.09.2008 by the Branch Manager, which was not his knowledge and without any communication to him.

3. The petitioner asserts that no show cause notice, or termination letter was ever issued to him. According to him, he signed the attendance register till 29.09.2008. Thereafter, the system of putting attendance was allegedly discontinued. Despite his readiness to work, his salary was w