On 24.10.2011, this Court being not satisfied that service of the respondent had been effected, directed for issuance of fresh notice subject to deposit of 10,000/- to be paid to the respondent for his travelling expenses as and when he enters appearance. A perusal of the order passed by the Single Bench of High Court shows that the respondent workman was represented, hence he knew about the challenge to the award of the Labour Court and also dismissal of the Writ Petition. The learned Counsel appearing for the respondent states that the Respondent No.1 will report for work at Amir Industrial Estate, Sun Mill Compound, Lower Parel, Mumbai. The learned Counsel for the appellant states that if the respondent No.1 comes to Amir Industrial Estate, Sun Mill Compound, Lower Parel, Mumbai, at 10.00 a.m.
Considering the aforesaid factual matrix, in our opinion the award of the Labour Court granting back- wages and continuity in service to the respondent workman deserves to be set aside as he has not reported for duty despite the statement made by his counsel in Court on 30.10.2007.
Effective relief can be granted to a worker only if the permanent address of the workman is furnished in the pleadings.
Under Workman Compensation Act 1923, when an application is filed by a workman for compensation, he is required to furnish his residential address while filing an application in Form–F (see Rule 20).
Under Payment of Gratuity Act 1972, when an employee makes an application for payment of Gratuity, he is required to mention full address as per Form-I (see Rule 7(1)) appended with Payment of Gratuity (Central) Rules 1972.
Occupational Safety, Health and Working Conditions Code, 2020 (i) The Factories Act, 1948; (ii) The Mines Act, 1952; (iii) The Dock Workers (Safety, Health and Welfare) Act, 1986; (iv) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996; (v) The Plantations Labour Act, 1951; (vi) The Contract Labour (Regulation and Abolition) Act, 1970; (vii) Code on Social Security, 2020 (i)
The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952; (ii) The Employees’ State Insurance Act, 1948; (iii) The Employees’ Compensation Act, 1923; (iv) The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959; (v) With the enforcement of 4 Labour Codes, we are hopeful that in future, when rules are framed, authorities will take care that parties to the dispute furnish their permanent addresses in the cases relating to labour law disputes.
OKA)………………….
J.
Case Title: M/S CREATIVE GARMENTS LTD. Vs. KASHIRAM VERMA (2023 INSC 243)
Case Number: C.A. No.-005758-005758 / 2012
