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Kerala High Court
Thomas Abraham vs National Insurance Company Limited on 20 February, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:15499
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
WP(C) NO. 6629 OF 2026
PETITIONER:
THOMAS ABRAHAM
AGED 62 YEARS
BUSINESS ASSOCIATE & DEVELOPMENT OFFICER
(MARKETING) (RTD.), NATIONAL INSURANCE COMPANY
LIMITED, THIRUVALLA BRANCH, ELAYASSERIL HOUSE,
VALLAMKULAM P.O., THIRUVALLA,
PATHANAMTHITTA DISTRICT.,
PIN - 689541
BY ADVS.
SRI.SIJI ANTONY
SRI.P.M.JOSEPH
SRI.MANOJ GEORGE
SMT.ASWANI V. DEV
RESPONDENTS:
1 NATIONAL INSURANCE COMPANY LIMITED
REPRESENTED BY ITS CHAIRMAN & MANAGING
DIRECTOR, 3 MIDDLETON STREET, KOLKATA,
PIN - 700071
2 THE DEPUTY GENERAL MANAGER
NATIONAL INSURANCE COMPANY LIMITED,
KOCHI REGIONAL OFFICE, I & II FLOOR,
OMANA BUILDING, JEW STREET, PADMA JUNCTION,
KOCHI ERNAKULAM DISTRICT, PIN - 682035
2026:KER:15499
WP(C) No.6629 of 2026
2
3 THE BRANCH MANAGER
NATIONAL INSURANCE COMPANY LIMITED,
THIRUVALLA BRANCH
PATHANAMTHITTA DISTRICT, PIN - 689101
BY ADV.
SRI.GEORGE A. CHERIYAN, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:15499
WP(C) No.6629 of 2026
3
JUDGMENT
Dated this the 20th day of February, 2026
The petitioner is a retired Development Officer of the
1st respondent-Company and was engaged as a Business
Associate under the Contractual Appointment of Business
Associates Scheme, 2016.
2. The engagement commenced as per
contract note dated 01.08.2023 and was subsequently
renewed for the period 01.04.2024 to 31.03.2025 as per
renewal contract dated 19.06.2024. The petitioner's grievance
relates to non-payment of remuneration for both performance
periods.
3. For the first period (01.08.2023 to
31.03.2024), the petitioner procured premium of
₹70,66,415.60 as certified by the respondents. As per the
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Scheme under Ext.P2, he became entitled to ₹6,48,556/-, but
only ₹4,19,839/- was disbursed. The balance arrear of
₹2,28,717/- remains unpaid.
4. For the second period (01.04.2024 to
31.03.2025), the engagement was renewed with a target of
₹1.50 Crores. The petitioner procured premium exceeding
₹80 lakhs. However, only ₹38.7 lakhs was credited under his
code as reflected in the performance statement and no
remuneration has been paid.
5. Under the governing Scheme read with
Circular dated 11.03.2024, even in case of shortfall in
achievement of target, remuneration shall not be reduced
below 40% of the last drawn basic salary of ₹92,070/- per
month. The petitioner therefore claims at least the minimum
guaranteed remuneration for the second period. Despite
repeated communications and representations, no payment
has been made and no speaking order has been passed.
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6. The respondents, being a State-owned
Company and its officers responsible for implementation of
the Scheme and disbursement of remuneration, are duty
bound to release the admitted arrears for the first period and
the minimum guaranteed remuneration for the second period
and to conduct reconciliation of premium accounts as
requested under Ext.P13. The petitioner therefore seeks
appropriate directions for release of arrears, payment of
minimum remuneration and reconciliation audit with
consequential disbursement.
7. I have heard the learned counsel for the
petitioner.
8. The petitioner has been engaged as
Business Associate under the National Insurance Company
Limited. The petitioner has been appointed under the
National Insurance Company Limited (Contractual
Appointment of Business Associates) Scheme, 2016.
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9. Going through Ext.P4, it is doubtful whether
the engagement of the petitioner will make the petitioner an
employee of the National Insurance Company.
10. Be that as it may, the petitioner has raised
his grievance before the 1st respondent filing Ext.P11
representation. In the facts of the case, I am of the view that
without going to the status of the petitioner, the matter can be
disposed of directing the 1st respondent to consider Ext.P11
representation submitted by the petitioner.
The writ petition is accordingly disposed of directing
the 1st respondent to consider Ext.P11 representation and
take appropriate decision thereon within a period of two
months from the date of receipt of a copy of this judgment.
Sd/-
N.NAGARESH
JUDGE
spk
2026:KER:15499
APPENDIX OF WP(C) NO. 6629 OF 2026
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE CONTRACT NOTE AS
BUSINESS ASSOCIATE W.E.F. 01.08.2023
BETWEEN THE PETITIONER AND THE DEPUTY
GENERAL MANAGER OF THE 1ST RESPONDENT
COMPANY ALONG WITH ITS TYPED COPY.
Exhibit-P2 TRUE COPY OF THE RELEVANT PAGES OF THE
NOTIFICATION DATED 15.02.2017 ISSUED
BY THE GENERAL MANAGER OF THE 1ST
RESPONDENT FOR THE CONTRACTUAL
APPOINTMENT OF BUSINESS ASSOCIATES
SCHEME, 2016.
Exhibit-P3 TRUE COPY OF THE PREMIUM STATEMENT OF
THE PETITIONER DATED NIL.
Exhibit-P4 TRUE COPY OF THE RENEWAL CONTRACT NOTE
DATED 19.06.2024 BETWEEN THE
PETITIONER AND THE CHIEF REGIONAL
MANAGER OF THE 2ND RESPONDENT.
Exhibit-P5 TRUE COPY OF THE AGENT-WISE
PERFORMANCE STATEMENT OF THE
PETITIONER OF 2024-25 PERIOD ISSUED BY
THE 3RD RESPONDENT.
Exhibit-P6 TRUE COPY OF THE EMAIL DATED
13.01.2025 OF THE PETITIONER TO THE
RESPONDENTS.
Exhibit-P7 TRUE COPY OF THE REMUNERATION DETAILS
(AS CALCULATED BY THE PETITIONER).
Exhibit-P8 TRUE COPY OF THE RELEVANT PAGES OF
CIRCULAR DATED 11.03.2024 ISSUED BY
THE 1ST RESPONDENT' OFFICE.
Exhibit-P9 TRUE COPY OF THE EMAIL DATED
01.04.2024 OF THE PETITIONER TO THE
RESPONDENTS.
Exhibit-P10 TRUE COPY OF THE REPRESENTATION DATED
08.07.2025 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT WITH ITS
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POSTAL ACKNOWLEDGMENT.
Exhibit-P11 TRUE COPY OF THE REPRESENTATION DATED
29.09.2025 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
Exhibit-P12 TRUE COPY OF THE REMINDER LETTER DATED
10.12.2025 OF THE PETITIONER TO THE
1ST RESPONDENT.
Exhibit-P13 TRUE COPY OF THE EMAIL PETITION
SUBMITTED BY THE PETITIONER BEFORE
RESPECTIVE OFFICERS UNDER RESPONDENTS
2 TO 4 DATED 30.06.2025.
