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Civil · Reportable judgment

M/s. Creative Garments Ltd. vs Kashiram Verma

Court
Supreme Court of India
Date
16 March 2023
Case No.
Civil Appeal No. 5758 of 2012
Result
Allowed
Bench
Abhay S. Oka, Rajesh Bindal
Citation
[2023] 2 S.C.R. 958 : 2023 INSC 243
Supreme Court Reports [2023] 2 S.C.R. 958 : 2023 INSC 243
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.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by RAJESH BINDAL, J. 1. The Management has filed the present appeal challenging the order passed by the Division Bench of the High Court of Judicature at Bombay dated 10.06.2010 vide which the order passed by the Single Bench dated 06.07.2006 was upheld. As a consequence, the award of the Labour Court was held to be valid. The Labour Court vide its award dated 28.10.2005 had directed reinstatement of the respondent with continuity of service from 08.12.1997 with full back wages. 2. A perusal of the paper-book shows that the notice in the Petition for
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