M/S. CREATIVE GARMENTS LTD versus KASHIRAM VERMA

M/S. CREATIVE GARMENTS LTD versus KASHIRAM VERMA

The appeal was allowed and the Labour Court award (and the High Court order upholding it) was set aside because the workman had not furnished his permanent address, service at the union address proved ineffective, and despite court statements and multiple communications offering reinstatement he failed to report for duty; consequently the court held that back wages and continuity could not be granted and directed that permanent addresses must be furnished and service effected at such addresses in labour proceedings.

Parties
Appellant: M/S. CREATIVE GARMENTS LTD.; Respondent: KASHIRAM VERMA
Jurisdiction
India
Judgment Date
16 March 2023
Procedural Posture
Civil Appeal No. 5758 of 2012 / Appeal Against High Court Judgment Upholding Labour Court Award
Outcome
Appeal allowed; impugned order of the High Court and the Labour Court award set aside.
Legal Topics
Service of Notice, Permanent Address, Reinstatement, Back Wages, Procedure for Labour Claims
Labour Laws Industrial Relations Employment Law Service of Notice Permanent Address Reinstatement Back Wages Procedure for Labour Claims

Case Brief

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Parties

M/S. CREATIVE GARMENTS LTD.

Appellant

KASHIRAM VERMA

Respondent

Procedural Posture

Civil Appeal No. 5758 of 2012 / Appeal Against High Court Judgment Upholding Labour Court Award

Legal Issues

  1. 1 Whether failure to furnish the permanent address of the workman affects valid service and entitlement to relief
  2. 2 Whether reinstatement with continuity of service and grant of back wages can be sustained where the workman did not report for duty despite offers to reinstate
  3. 3 Whether service effected at a union/care-of address suffices for labour proceedings

Ratio Decidendi

The appeal was allowed and the Labour Court award (and the High Court order upholding it) was set aside because the workman had not furnished his permanent address, service at the union address proved ineffective, and despite court statements and multiple communications offering reinstatement he failed to report for duty; consequently the court held that back wages and continuity could not be granted and directed that permanent addresses must be furnished and service effected at such addresses in labour proceedings.

Court Disposition

Appeal allowed; impugned order of the High Court and the Labour Court award set aside.

Orders

  • Labour Court award dated 28.10.2005 and High Court orders upholding it are set aside.
  • Refund of Rs. 10,000/- to the appellant which had been directed to be deposited with this Court.