Dismissed

The Oriental Insurance Company Limited Represented through Its Divisional Manager Jamil Akhtar v. the State of Jharkhand through Pr Secretary Department of Labour Employment and Training

Jharkhand HC3 Jan 2022WPC/1494/2021

Case brief

AI extract

What is this about?

This writ petition, filed by Oriental Insurance Company Limited, sought directions for payment of dues under Rashtriya Swasthya Bima Yojna for the period 2010-12. The High Court dismissed the petition, holding that the claim was stale and the petitioner guilty of laches due to more than nine years of inaction without justification.

What did the court decide?

The writ petition is dismissed as the claim is found to be stale due to unreasonable delay and laches.

The Oriental Insurance Company Limited… — Pension and Retirement Benefits | Jharkhand HC (2022)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

W.P. (C) No.1494 of 2021

¶3

¶4

The Oriental Insurance Company Limited

¶5

.......... Petitioner.

¶6

-Versus-

¶7

The State of Jharkhand through Principal Secretary, Department of Labour, Employment & Training, Government of Jharkhand, Ranchi.

¶8

Labour Commissioner, Jharkhand, Ranchi.

¶9

The Principal Secretary, Department of Health, Medical Education & Family Welfare, Government of Jharkhand, Ranchi.

¶10

Jharkhand State Labour Welfare Society (JASLAWS), Combined Labour Building, Doranda, Ranchi.

¶11

Additional Executive Director, Rashtriya Swasthya Bima Yojna, Jharkhand State Labour Welfare Society (JASLAWS), Government of Jharkhand, Combined Labour Building, Doranda, Ranchi.

¶12

Union of India, through the Ministry of Health & Family Welfare (RSBY Division), Room no.424C, Nirman Bhawan, New Delhi.

¶13

.......... Respondents.

¶14

¶15

CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

¶16

----For the Petitioner : Mr. Manish Kumar, Advocate For the State : Mrs. Surabhi, A.C. to A.A.G.II -----

¶17

Order No.05 Date: 03.01.2022

¶18

The present writ petition has been filed for issuance of direction upon the respondent no.2 to make payment of Rs.6,70,87,715/-, which is the due premium payable to the petitioner-Company by the State Government under national policy- Rastriya Swasthya Bima Yojna for the health insurance cover provided by the petitionerCompany to the beneficiary family units in the districts of Godda, Pakur, Latehar, Bokaro, Chatra, Sahibganj and Palamau during the policy period 2010-12.

¶19

Having heard learned counsel for the parties and considering that the aforesaid claim of the petitioner pertains to the year 2010-12 for which the petitioner had lastly made representations before the respondent nos.1 and 2 way back on 27^th September, 2012 and 21^st September, 2012 (Annexure-3 to the writ petition), respectively, and that the petitioner has not assigned any reason justifying huge delay

¶20

-2-

¶21

and laches on its part in approaching this Court, I am not inclined to entertain the present writ petition finding the aforesaid claim to a stale

¶22

one.

¶23

The writ petition is, accordingly, dismissed.

¶24

(Rajesh Shankar, J.)

¶25

Sanjay/

The Oriental Insurance Company Limited Represented through Its Divisional Manager Jamil Akhtar v. the State of Jharkhand through Pr Secretary Department of Labour Employment and Training

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Company Limited Represented through Its Divisional Manager Jamil Akhtar v. the State of Jharkhand through Pr Secretary Department of Labour Employment and Training

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sitaram Mahto Vs the State of Jharkhand

Bhagirath Saw Vs the State of Jharkhand through Its Chief Secretary

MD Rakib Sheikh Vs the State of Jharkhand

Raj Kumar Jaiswal Vs the State of Jharkhand through the Secretary Department of Transport

Ishaque Ansari Alias Ishaque Miyan Vs the State of Jharkhand Represented through Secretary Land Revenue Registration and Land Reforms

Meghnath Saha Vs the State of Jharkhand