binu (proprietor) 11 June 2013

Unlawful transfer following complaint against senior manage

i was an employee with a reputed pvt insurance co. with nearly seven years experience and was a performer too. last year by august i along with my colleagues have given a complaint against our branch manager against indescent behaviour against my lady colleagues. several aother complaints were also against this manager. our senior managers took the matter lightly and they wereblindly supporting the manager. later on nov last we all got a letter of transfer from our branch to places outside kerala and our branch was shutdown stating that it was notrofitable. the real fact that was that it was one of the top performing branches. but what we realised was that since a trade union came in to this issue,the company has donenthis. later on our complaint,an enquiry committe was formed but what iwas the finding of the committe we donot know. later all the employees were either terminated or forced to resign for not reporting to the transferred branches, we had given a complaint to the labour officer,but their opinion was that since we managers of insurance agents, we are not workers,we are supervisors,hence donot come under labour law. pls guide us as to what to do next. we were terminated in january 2013.

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3 Replies

Kumar Doab (FIN) 11 June 2013

It is recalled that In case of S.K.Verma Vs LIC the Supreme Court had decided that Development Officer of LIC is wrokman.

In another judgement involving R.Suresh and LIC the matter was taken up as DO is workman.

In one of threads intiated at LCI by TSM of one Private Life Insurance company the above judgements were shared.

The case has been sent by Central Govet. for adjudication to CGIT in west Bengal.

Therefore the Sales/Unit Manager of private Life insurance company can be covered as workman.

You may also explore the option of filing complaint under Shops and establishment Act.Of course you should approach a comepent and experienced labor consultant/service lawyer.

If the transfer is malafide it can be contested.

Adv k . mahesh (advocate) 11 June 2013

we managers of insurance agents,

excatly what you mean are not from the insurance company or what

are you only agents to the insurance company

first be clear

Kumar Doab (FIN) 11 June 2013

The hobor'ble Supreme Court has analysed in detail and descripttion the duties of DO ( whihc is LIC employee above LIC agents) and guided that DO is a workman.

The duties and profile of SM/Unit Manager of Private Life Insurance company are no different from DO.

All of you may join hands, be witness to each other, and approach a competent and experienced labor consultant/service lawyer as ap.

Try under Shops and Establishmenst Act also.

Please keep this thread updated.

Send a PM with your contact details and once I reach back I shall be able to send some citations useful to you.