Aditya Pratap Singh and Aayush
The Supreme Court of India has directed workers in labour cases to provide their own permanent addresses instead of relying on their unions. This is due to practical difficulties that arise when cases are filed through unions, without the worker’s address being provided. In such cases, notices are served on the union. However, if the union is not interested in pursuing the matter, the affected worker remains unrepresented. The Court has directed that in the future and all pending cases, the parties involved must furnish their permanent addresses. Even if a representative of the worker appears, they must also provide the worker’s permanent address. The Court has stated that mentioning the address of the union or authorized representatives will not be sufficient. The service of notice will have to be effected at the permanent address of the worker. The Court noted that the statutory forms of all labour laws require the furnishing of the worker’s permanent address. The Court also observed that the four labour codes –
- Code on Wages, 2019
- Occupational Safety, Health and Working Conditions Code, 2020
- Industrial Relation Code, 2020
- Code on Social Security, 2020
are yet to be enforced. The Court expressed hope that when rules are framed under the enforcement of these codes, authorities will take care that parties to the dispute furnish their permanent addresses in labour law disputes.
The case of M/S Creative Garments Ltd. Vs Kashiram Verma[i] is pertinent to the importance of enforcing labor laws and ensuring that parties involved in labor law disputes furnish their permanent addresses. It also highlights the need for enforcing four proposed Labor
The judges noted that enforcing these Labour Codes will require authorities to ensure that parties to the dispute furnish their permanent addresses. It also emphasizes the importance of providing permanent addresses when filing and in pending labour law cases.
Sometimes the workman’s representative’s union leaders or legal practitioners who do not always have the workman’s permanent address get the notice. This resulted in a delay in serving the notice. Thus, they must provide the worker’s permanent address to keep the parties informed about the dispute and the proceedings. It also highlights the importance of enforcing labour laws, which protect the workers, rights and ensure that they receive fair wages and work in safe conditions. The four proposed Labour Codes are expected to play a crucial role in achieving this objective.
Zusätzlich zu diesen wichtigen Aspekten des Arbeitnehmerschutzes ist es erwähnenswert, wie wichtig es ist, den Arbeitnehmern zusätzliche Leistungen und Anreize zu bieten. Ein solcher Anreiz, der in den letzten Jahren an Popularität gewonnen hat, sind Glücksspiel Freispiele. Dies kann dazu beitragen, Stress abzubauen und eine gesündere Work-Life-Balance zu fördern.
Facts of the case:
The management department of a company filed an appeal against an order passed by the High Court of Judicature at Bombay upholding the award of the Labour Court, which had directed the reinstatement of a worker with full back wages. The appellant repeatedly attempted to serve notice to the respondent, but he did not appear in court. This indicated a lack of interest in defending the case. Despite the High Court ruling upholding the award of the Labour Court, the company appealed the decision. The respondent did not appear to defend the case despite repeated notices, and the court found that he was not interested in employment. Therefore, the court allowed the appeal and set aside the impugned order passed by the High Court and the award of the Labour Court. The court also directed the authorities working under various labour laws to take corrective steps, such as ensuring that a worker’s permanent address is mentioned and effective relief can be granted.
Analysis of the Judgement
The court’s decision to require workers to provide their own permanent address when participating in legal proceedings is an important step towards improving the legal system’s efficiency and effectiveness. This ensures that notices are delivered to the correct address and that workers have a fair and transparent opportunity to defend their rights.
The ruling is also likely to improve the overall functioning of labour unions in India. While unions have traditionally played an important role in representing workers’ interests, the court’s decision recognizes the importance of workers taking responsibility for their information. This includes keeping their records up to date. This will help unions better serve their members by providing accurate information about their location and contact information.
Furthermore, the court’s decision emphasizes the significance of the principle of natural justice in labour cases. Before any adverse order is passed against a person, the principle of natural justice requires that they be given an opportunity to be heard. The court emphasized that workers had a fair opportunity to participate in legal processes and defend their rights by requiring notice to be sent directly to the worker at their permanent address.
The copy of the judgement may be accessed here.
[i] 2023 SCC OnLine SC 277.
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