Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Non-mentioning of the permanent address Labour dispute |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Payment of Gratuity Act, 1972 (39 of 1972) Payment of Wages Act, 1936 (4 of 1936) Minimum Wages Act, 1948 (11 of 1948) Industrial Disputes Act, 1947 (14 of 1947) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour Laws: Labour dispute – Non-mentioning of the permanent address of the workman, addressed furnished is care of Union, and as such efforts to serve him at the given address remained futile – Held: Effective relief can granted to a worker only if the permanent address of the workman is furnished in the pleadings – Issuance of directions to the authorities working under the various labour laws to take corrective measure – Parties to furnish their permanent address – Even if the representative of the workman is appearing, he shall furnish permanent address of the workman as well – Mere mentioning through labour union or authorised representatives, who are sometimes union leaders or legal practitioners not sufficient – Service of notice of workman to be affected on the permanent address of the workman – On facts, the employee did not furnish his own address but is through some Union – Management sent various communications by Registered Post/Courier requesting him to report for duty, but there was no response – Conduct of the employee itself establishes that he is no more interested in employment – Thus, the award passed by the labour court directing reinstatement of the employee with continuity of service as upheld by the High Court, set aside – Judicial directions. |
Judge | Hon'ble Mr. Justice Rajesh Bindal |
Neutral Citation | 2023 INSC 243 |
Petitioner | M/s. Creative Garments Ltd |
Respondent | Kashiram Verma |
SCR | [2023] 2 S.C.R. 958 |
Judgement Date | 2023-03-16 |
Case Number | 5758 |
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