Court No. - 29
Case :- WRIT - C No. - 24574 of 2018 Petitioner :- Viveka Nand Jain Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Krishna Murari Tripathi Counsel for Respondent :- A.S.G.I.,Manish Goyal
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner. Sri Sunil Mishra has appeared for Union of India, respondent No.1 and Ms.Ankita Jain holding brief of Sri Manish Goyal, for the respondents No. 2 to 5.
The petitioner has filed this writ petition for a direction upon the respondent No.5 to pay commission for the business done by him prior to July, 2017.
The petitioner is an Insurance Agent. He claims that for the business procured by him prior to July, 2017, he has not been given proper commission in the subsequent year by the respondent No.5.
The petitioner in this regard had moved an application before the respondent No.5 and the same has been rejected by the order dated 10.05.2018 on the ground that the petitioner is not entitle to any commission in view of Clause 7(2) of the Bhartiya Jeevan Bima Nigam (Abhikarta) Viniyaman, 2017.
The aforesaid clause provides that the reappointment of the agent for all practical purposes shall be considered as a fresh appointment and the agent will not be liable for commission under any business completed under the old agency.
It is not disputed that the petitioner has been reappointed after July, 2017 and as such he is not entitle for any commission subsequent to July, 2017 for the business rendered by him prior to the said date.
In case any commission is due to the petitioner for the business rendered earlier and not paid to him in the relevant year prior to his reappointment, the petitioner if so desire, may take recourse to the civil suit.
The Writ Petition is dismissed with the above observation.
Order Date :- 26.7.2018 piyush