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ABHAY S. OKA, RAJESH BINDAL
Creative Garments Ltd – Appellant
Versus
Kashiram Verma – Respondent
JUDGMENT :
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 Special Leave to Appeal was issued on 22.10.2010. As the respondent remained un-served, 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 respondent had been effected, directed for issuance of fresh notice subject to deposit of Rs. 10,000/- to be paid to the respondent for his travelling expenses as and when he enters appearance. Dasti service was also permitted. Fresh notice was issued on 24.07.2011 as the service was not complete. As per Office Report dated 14.12.2011 in terms of the
Service of notice of workman will have to be effected on permanent address of workman – Even if representative of workman is appearing, he shall furnish permanent address of workman as well.
A workman's abandonment of service precludes claims for back wages as illegality in termination requires proof of wrongdoing by the employer.
The main legal point established in the judgment is that the employer must follow the relevant provisions of the I.D. Act before terminating the service of an employee, and failure to do so may entit....
Once provisions of Section 25(B) of the Industrial Disputes Act, 1947 have been satisfied by the workman, then Section 25(F) of the Industrial Disputes Act, 1947 is made applicable
Labour Court has held against the workman on the basis that the documents like pay sleep, muster roll etc. are not produced. But, at this juncture, it is require to peruse the oral evidence of the wo....
The finality of the Labour Court's findings and the limited scope of re-appreciating evidence in a writ petition under Article 226 of the Constitution of India.
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