Disposed

LIC of India v. K M Gurushivakumar

Karnataka HC11 Feb 2026WA/1606/2025

Case brief

AI extract

What is this about?

LIC appealed against a single judge order directing payment of arrears of wages for the period between a reinstatement award and actual reinstatement. The Division Bench, on affidavits disclosing notional wages and outside earnings, directed LIC to pay only the difference in wages with 6% interest.

What did the court decide?

Writ appeal disposed; LIC to pay Rs.7,91,895.10 (difference of wages) with 6% interest from 12.10.2017 to 18.02.2019 within six weeks.

LIC of India Vs K M Gurushivakumar — Labour and Industrial Disputes | Karnataka HC (2026)

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NC: 2026:KHC:8293-DB WA No. 1606 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF FEBRUARY, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH AND

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THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1606 OF 2025 (L-RES)

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BETWEEN:

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LIC OF INDIA DIVISIONAL OFFICE "JEEVAN KRISHNA" P AND IR DEPARTMENT AJJARKAD, UDUPI-576101 REP BY ITS (SECRETARY LEGAL CELL)

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THE MANAGER

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Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

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P AND IR DEPARTMENT LIC OF INDIA, AJJARKAD UDUPI-576101 REP BY ITS (SECRETARY LEGAL CELL)

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…APPELLANTS

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(BY SRI P S RAJAGOPAL, SENIOR ADVOCATE FOR SRI RAJASHEKHAR K, ADVOCATE)

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AND:

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K M GURUSHIVAKUMAR AGED ABOUT 60 YEARS S/O SRI K MALLAIAH

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MP/3997, LAKSHMISAGAR

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NC: 2026:KHC:8293-DB WA No. 1606 of 2025

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HC-KAR

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KADUR

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CHIKKAMAGALURU DISTRICT-577548

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…RESPONDENT

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(SRI PUTHIGE R RAMESH, SENIOR ADVOCATE A/W SMT. LAKSHMI S HOLLA, ADVOCATE)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 14.07.2025 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.15186/2023 (L-RES) AND DISMISS W.P.NO.15186/2023 IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and

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HON'BLE MR. JUSTICE S RACHAIAH

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present intra Court appeal has been filed impugning the judgment and order dated 14.07.2025 passed by the learned Single Judge in W.P.No.15186/2023.

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The parties are referred to as per their ranking before the writ Court, for the sake of convenience.

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The petitioner has filed the aforesaid writ petition seeking

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a writ of mandamus commanding the respondent-LIC to comply

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3 - NC: 2026:KHC:8293-DB WA No. 1606 of 2025

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HC-KAR

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with the award passed by the Central Government Industrial Tribunal (CGIT) dated 16.08.2001 in C.R.No.63/1998 and further direction to the LIC to pay wages to the petitioner from 16.08.2001 to 04.02.2019.

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The petitioner was sponsored through the Employment Exchange for the post of Temporary Assistant. The vacancy was caused due to the selection of one T.S.Kumar who was employed as Permanent Assistant and later became a Cashier on 07.03.1996.

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The petitioner had joined as Temporary Assistant on 18.03.1996. He was disengaged with effect from 01.03.1997. Aggrieved by the said action of the LIC, the petitioner had raised an industrial dispute before the CGIT in C.R.No.63/1998. After contest, the CGIT, vide award dated 16.08.2001, allowed the reference holding that the action of the LIC disengaging the petitioner from service was not justified and further directed the LIC to reinstate the petitioner with continuity of service from the date on which he was terminated.

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4 - NC: 2026:KHC:8293-DB WA No. 1606 of 2025

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HC-KAR

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Aggrieved by the said award passed by the CGIT, the LIC preferred a writ petition before this Court in W.P. No.43164/2001. The learned Single Judge, vide judgment and order dated 23.03.2006, dismissed the writ petition filed by the LIC. The writ appeal preferred by the LIC in W.A.No.913/2006 against the order passed by the learned Single Judge dated 23.03.2006 also came to be dismissed vide judgment and order dated 26.09.2006. The challenge to the judgment and order passed by the Division Bench dated 26.09.2006 in W.A.No.913/2006 before the Supreme Court in Civil Appeal No.7069/2010 also did not yield result as the civil appeal was dismissed vide judgment and order dated 12.10.2017.

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Despite losing up to the Supreme Court, the LIC was not implementing the award passed by the CGIT dated 16.08.2001 and therefore, the petitioner has filed the writ petition seeking the aforesaid reliefs.

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The learned Single Judge, while allowing the writ petition, has directed the LIC to pay the arrears of wages to the petitioner for the period commencing from 15.09.2001 (one month after the award) till 18.02.2019 (date of reinstatement)

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HC-KAR

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along with interest at the rate of 6% per annum on the said arrears with effect from 12.10.2017 (date of dismissal of Civil Appeal by the Supreme Court) till the date of full payment payable to the petitioner.

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The only question which has been raised in this writ appeal is that the petitioner was gainfully employed and therefore, the wages drawn by him during the course of his employment outside the LIC after the date of the award i.e., 16.08.2001 are not payable by the LIC.

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It has not been denied by the petitioner that he was employed during this period. However, the submission is that the petitioner would have drawn much more wages than what he received in the employment outside the LIC after 16.08.2001.

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Considering the aforesaid submissions, vide order dated 23.01.2026, we directed the appellant-LIC to file an affidavit disclosing as to how much the respondent-workman would have earned from the date of the award till the date of reinstatement and the respondent-workman was also directed

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NC: 2026:KHC:8293-DB WA No. 1606 of 2025

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HC-KAR

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to state on affidavit the wages earned by him while he was in

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an alternative employment without deductions.

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In compliance of the said order dated 23.01.2026, the appellant-LIC has filed the affidavit disclosing the amount of wages which would have been payable to the respondentworkman had his services been not dispensed with from 15.09.2001 till 18.02.2019. According to the affidavit filed by the LIC, the respondent-workman would have earned Rs.21,74,743.10. However, the respondent-workman had earned wages outside the LIC for this period which would come to Rs.13,82,848/-. Thus, the respondent is entitled for the difference in wages i.e., Rs.21,74,743.10 - Rs.13,82,848.00= 7,91,895.10.

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We, therefore, direct the appellant-LIC to pay a sum of Rs.7,91,895.10 to the respondent-workman and the interest @6% per annum should be paid on the said amount from 12.10.2017 till 18.02.2019. The amount arrived at after adding the interest on the difference of wages of Rs.7,91,895.10 should be paid by the appellant-LIC to the respondentworkman within a period of six weeks from today.

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NC: 2026:KHC:8293-DB WA No. 1606 of 2025

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HC-KAR

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With the aforesaid directions, the writ appeal stands disposed of.

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In view of disposal of the writ appeal, pending IAs, if any,

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do not survive for consideration and accordingly, they stand

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disposed of.

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SD/(D K SINGH) JUDGE

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SD/(S RACHAIAH) JUDGE

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BKV

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List No.: 2 Sl No.: 11

LIC of India v. K M Gurushivakumar

Case brief

What is this about?

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LIC of India v. K M Gurushivakumar

Case brief

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