M/S. CREATIVE GARMENTS LTD versus KASHIRAM VERMA on 16 March 2023

1. The Management has filed the present appeal challenging theorder passed by the Division Bench of the High Court of Judicature atBombay dated 10.06.2010 vide which the order passed by the SingleBench dated 06.07.2006 was upheld. As a consequence, the award ofthe Labour Court was held to be valid. The Labour Court vide its awarddated 28.10.2005 had directed reinstatement of the respondent withcontinuity of service from 08.12.1997 with full back wages.

2. A perusal of the paper-book shows that the notice in the Petitionfor Special Leave to Appeal was issued on 22.10.2010. As the respondentremained unserved, fresh notice was directed to be issued on 13.12.2010.Dasti service was also permitted through nearest civil court or trial court.On 24.10.2011, this Court being not satisfied that service of the respondenthad been effected, directed for issuance of fresh notice subject to depositof ` 10,000/- to be paid to the respondent for his travelling expenses asand when he enters appearance. Dasti service was also permitted. Freshnotice was issued on 24.07.2011 as the service was not complete. Asper Office Report dated 14.12.2011 in terms of the affidavit filed by theappellant, the service on the respondent was complete but he had notput in appearance till date. Meaning thereby that he is not interested todefend the present litigation.

3. A perusal of the award of the Labour Court shows that theaddress of the respondent is through some Union and he had not furnishedhis own address. A perusal of the order passed by the Single Bench ofHigh Court shows that the respondent workman was represented, hencehe knew about the challenge to the award of the Labour Court and alsodismissal of the Writ Petition.

4. The Order dated 07.11.2006 passed by the Division Bench ofthe High Court in the appeal filed by the Management against the orderpassed by the Single Bench shows that the statement of the counsel forthe Management was recorded that the Management will reinstate theworkman and he shall be communicated accordingly so as to enable himto report for duty. Challenge was to the award of the Labour Court onlyto the extent of award of back-wages. The appeal was admitted.Thereafter, the Management had sent various communications byRegistered Post/Courier on 08.11.2006, 10.11.2006 and 24.11.2006

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Arequesting the respondent to report for duty. However, there was noresponse.

5. Further, when the matter was taken up by the Division Benchof the High Court on 30.10.2007, the statement of counsel for theworkman was recorded that he will report for duty on 05.11.2007 atB10:00 A.M. The order reads as under:

“1. The learned Counsel appearing for the RespondentNo.1 states that the Respondent No.1 will report for work atAmir Industrial Estate, Sun Mill Compound, Lower Parel,Mumbai. The learned Counsel for the appellant states that ifCthe respondent No.1 comes to Amir Industrial Estate, Sun MillCompound, Lower Parel, Mumbai, at 10.00 a.m. on 5.11.2007and meet Mr. S.K. Kedia, he will be permitted to joinimmediately. The statements are accepted. Put up on19.11.2007.”

D6. The Management sent another letter to the workman on26.12.2007 specifically mentioning that his inaction to report for dutywould amount to presumption that he is no more interested to join theduty. Request was also made to him to furnish his permanent address.

7. When the matter was taken up for hearing, the learned counselEfor the appellant on instructions from his client submitted that therespondent has not reported for duty till date. Meaning thereby that he isno more interested in joining duty and must have been gainfully employedafter leaving the job in question.

8. Considering the aforesaid factual matrix, in our opinion the awardFof the Labour Court granting back-wages and continuity in service tothe respondent workman deserves to be set aside as he has not reportedfor duty despite the statement made by his counsel in Court on 30.10.2007.The present appeal cannot be kept pending as the conduct of therespondent itself establishes that he is no more interested in employmentwhat to talk of back-wages.G9. The appeal is accordingly allowed. The impugned order passedby the High Court and the award of the Labour Court are set aside.

10. A sum of ` 10,000/- which was directed to be deposited bythe appellant before this Court vide order dated 21.04.2011 be refundedback to the appellant.H

11. Before parting with the order, this Court would like to directthe authorities working under the various labour laws to take somecorrective steps.

12. It is a case in which permanent address of the workman hasnot been mentioned. The address furnished is care of Union. All effortsmade to serve him at the given address remained futile. Finally, appellantserved the respondent and filed affidavit. The service was at the addressof the Union, which may not be interested to pursue the case on behalfof the workman.

13. Effective relief can be granted to a worker only if thepermanent address of the workman is furnished in the pleadings.

14. Under section 15(2) and section 16 of the Payment of WagesAct, 1936, if an application is filed by an individual, there is a specificrequirement of furnishing permanent address of the applicant as perForm-A. If an application is to be filed by a group of persons all theapplicants are required to furnish their addresses as per Form-B annexedto Payment of Wages (Procedure) Rules 1937.

15. Under Workman Compensation Act 1923, when an applicationis filed by a workman for compensation, he is required to furnish hisresidential address while filing an application in Form–F (see Rule 20).In cases of compensation for fatal accident a workman is required tofurnish his permanent address on Form-A (see Rule 6(1)) appendedwith Workman Compensation Rules ,1924.

16. Under Industrial Disputes Act, 1947, for initiating theproceedings under the Act, mentioning of addresses of the parties to thedisputes is required as contained in Forms-I, J and K appended withIndustrial Dispute (Central) Rules, 1957.

17. Under section 20(2) of Minimum Wages Act, 1948 if anapplicant files an application for payment of wages, he is required tomention his residential address as contained in Form-VI framed underthe aforesaid Act.

18. Under Payment of Gratuity Act 1972, when an employeemakes an application for payment of Gratuity, he is required to mentionfull address as per Form-I (see Rule 7(1)) appended with Payment ofGratuity (Central) Rules 1972.

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A19. If any party approaches any authority for a relief, the firstthing required to be mentioned is his complete address. Mentioning ofaddress of the representative is secondary as someone may like to appearin person. Even in Civil Procedure Code, 1908, Order VI Rule 14Aprovides that in every pleading, the parties are required to furnish theircomplete addresses and if there is any change it is also required to beBinformed.

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20. Supreme Court Rules, Form-32 of the Supreme Court of IndiaHandbook on Practice and Procedure and Office Procedure mentionsthat in every petition, the petitioner and respondent are required to furnishtheir complete addresses.C

21. To simplify labour laws and strengthening the protectionavailable to workers, including unorganised workers in terms of statutoryminimum wages, social security and healthcare of the workers. TheParliament has consolidated 29 labour laws under 4 category of Codes,namely, Wage Code, Social Security Code, Occupational Safety, HealthDand Working Conditions Code and The Industrial Relations Code.Different existing statutes, as consolidated in four Codes, are as under:

1. Code on Wages, 2019

(i) The Payment of Wages Act, 1936;

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(ii) The Minimum Wages Act, 1948;

(iii) The Payment of Bonus Act, 1965;

(iv) The Equal Remuneration Act, 1976.

2. Occupational Safety, Health and Working ConditionsFCode, 2020

(i) The Factories Act, 1948;

(ii) The Mines Act, 1952;

(iii) The Dock Workers (Safety, Health and Welfare) Act,1986; G

(iv) The Building and Other Construction Workers(Regulation of Employment and Conditions ofService) Act, 1996;

(v) The Plantations Labour Act, 1951;H

(vi) The Contract Labour (Regulation and Abolition) Act,A1970;

(vii) The Inter-State Migrant Workmen (Regulation ofEmployment and Conditions of Service) Act, 1979;

(viii) The Working Journalist and other NewspaperBEmployees (Conditions of Service and MiscellaneousProvision) Act, 1955;

(ix) The Working Journalist (Fixation of Rates of Wages)Act, 1958;

(x) The Motor Transport Workers Act, 1961; C

(xi) The Sales Promotion Employees (Condition ofService) Act, 1976;

(xii) The Beedi and Cigar Workers (Conditions ofEmployment) Act, 1966; D

(xiii) The Cine-Workers and Cinema Theatre Workers(Regulation of Employment) Act, 1981.

3. Industrial Relation Code, 2020

(i) The Trade Unions Act, 1926;

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(ii) The Industrial Employment (Standing Orders) Act,1946;

(iii) The Industrial Disputes Act, 1947.

4. Code on Social Security, 2020

(i) The Employees’ Provident Funds and MiscellaneousFProvisions Act, 1952;

(ii) The Employees’ State Insurance Act, 1948;

(iii) The Employees’ Compensation Act, 1923;

(iv) The Employment Exchanges (CompulsoryGNotification of Vacancies) Act, 1959;

(v) The Maternity Benefit Act, 1961;

(vi) The Payment of Gratuity Act, 1972;

(vii) The Cine-workers Welfare Fund Act, 1981; H

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A(viii) The Building and Other Construction Worker’sWelfare Cess Act 1996;

(ix) The Unorganised Workers Social Security Act, 2008.

22. The aforesaid Codes are yet to be enforced. With theenforcement of 4 Labour Codes, we are hopeful that in future, whenBrules are framed, authorities will take care that parties to the disputefurnish their permanent addresses in the cases relating to labour lawdisputes.

23. In future all the cases to be filed and in all the pending cases,the parties shall be required to furnish their permanent address(es). EvenCif the representative of the workman is appearing, he shall furnishpermanent address of the workman as well. Even in proceedingssubsequent to first stage, it shall be mandatory to provide permanentaddress of the party for his service. Merely mentioning through LabourUnion or authorised representatives, who are sometimes union leaders Dor legal practitioners, will not be sufficient. Service of notice of workmanwill have to be effected on the permanent address of the workman.

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Nidhi Jain(Assisted by : Shashwat Jain, LCRA)

Appeal allowed.

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