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LegalFirms.in Judgments · legalfirms.in/judgments/life-insurance-corporation-of-india-ors-vs-om-parkash-20241113/ · Printed 07 Nov 2026
Civil · Reportable judgment

Life Insurance Corporation of India & Ors. vs Om Parkash

Court
Supreme Court of India
Date
13 November 2024
Case No.
Civil Appeal No(s). 4393 of 2010
Result
Allowed
Citation
[2024] 11 S.C.R. 2369 : 2024 INSC 870
Acts & Sections
Constitution LIC Staff Regulations, 1960
Supreme Court Reports [2024] 11 S.C.R. 2369 : 2024 INSC 870
Issue for consideration
Whether the High Court erred in granting relief to the employee by setting aside his termination for abandonment of service despite the employee's failure to disclose his subsequent employment and the procedural compliance by the employer under Regulation 39(4)(iii) of the LIC Staff Regulations, 1960.
Headnote

Regulation 39(4)(iii), LIC Staff Regulations, 1960 – Abandonment of Service – The regulation deems an employee to have abandoned service if absent for 90 consecutive days without intimation – Employee absented himself without informing the employer, and notices were issued to his recorded address – The High Court overlooked the Respondent's abandonment of service and suppressed subsequent employment. [Para 11] Constitution of India – Article 226 – Equitable Relief – Relief under Article 226 is equitable and requires the petitioner to approach the court with clean hands – Employee, during the pendency of the dispute, secured employment with the Food Corporation of India (FCI) but concealed this fact from the court and employer – Suppression of subsequent employment disentitled the employee to equitable relief [Paras 10, 12]. Service of Notice – Procedural compliance under Regulation 39(4)(iii), LIC Staff Regulations, 1960 – Regulation 39(4)

(iii) permits service of notices by registered post to the employee’s address in the service record, with deemed service if undelivered and affixed on the office notice board – Notices sent to the employee’s permanent address, with postal remarks indicating he had left his job and residence – Satisfied procedural requirements – Held that the employer’s actions complied with the regulation, and the employee’s non-response justified the abandonment finding – The High Court’s doubt on notice service was misplaced. [Paras 9, 11] Held: The High Court erred in granting relief to the employee by allowing the Writ Petition and setting aside the termination order, as it overlooked that "it was a case of the employee abandoning his services without informing his employer about his whereabouts" – Treating the employee to have abandoned his service and taking appropriate action against him, in terms of the LIC Staff Regulation, cannot be faulted, given his absence since 25.09.1995, unanswered notices, and subsequent employment with the Food Corporation of India on 14.04.1997 – The employee’s suppression of this employment in his Writ Petition filed on 05.01.1998 disentitled him to equitable relief from the High Court in exercise of powers under Article 226 of the Constitution – Accordingly, the impugned order is set aside and quashed [Paras 8-13].

Keywords: Abandonment of service · Unauthorized absence · Equitable relief · Suppression of facts

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankitesh Ojha, Hony. Associate Editor (Verified by: Abhinav Mukerji, Sr. Adv.). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order Hrishikesh Roy, J. 1. Heard Mr. Kailash Vasudev, learned Senior Counsel appearing for the appellant(s). Also heard Mr. Jaideep Gupta, learned Amicus Curiae assisted by Mr. Kunal Chatterjee, learned counsel for the respondent. 2. The challenge here to the judgment and order dated 26.06.2008 in the LPA No.6/2003 of the High Court of Himachal Pradesh whereunder, the judgment of the learned Single Judge dated 21.05.2003 was upheld by the Division Bench. Through the said judgment, the termination of the respondent ordered by the appellant(s) on 25.06.1996 was found to be unsustainable on t
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