- (1.) The petitioner, on account of his incarceration in Jail due to the pendency of a case under Sections 302 of the Indian Penal Code and 25 of the Arms Act against him, was disabled from rendering services to the employer-Life Insurance Corporation of India (hereinafter referred to as "the respondent". Consequent upon his acquittal, he preferred a claim for the award of wages for the period he was lodged in the Jail.
(2.) The petitioner had earlier filed Civil Writ Petition No. 3252 of 1973 which was disposed of by this Court vide order dated 26.4.1982 directing the Zonal Manager of the respondent to dispose of the grievance of the petitioner in accordance with law. In compliance therewith, the Zonal Manager passed order Annexure P5 vide which the claim raised by the petitioner for treating the period of incarceration as the period spent on duty was declined.
(3.) Mr. H.S. Grewal, learned counsel appearing on behalf of the petitioner, argued that the provisions of Section 38 of the Life Insurance Corporation of India (Staff) Regulations, 1960 (hereinafter referred to as the "1960 Regulations") provide that "in case an employee is honourably acquitted, he would be entitled to full pay and allowances which he would have been entitled to if he had not been dismissed, removed or suspended, less the subsistence allowance". The further argument, in the context, is that "in a case falling under clause (a), the period of absence from duty will be treated as a period spent on duty.";