CREATIVE GARMENTS LTD Vs. KASHIRAM VERMA

JUDGEMENT

(1.) The Management has filed the present appeal challenging the order passed by the Division Bench of the High Court of Judicature at Bombay dtd. 10/6/2010 vide which the order passed by the Single Bench dtd. 6/7/2006 was upheld. As a consequence, the award of the Labour Court was held to be valid. The Labour Court vide its award dtd. 28/10/2005 had directed reinstatement of the respondent with continuity of service from 8/12/1997 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 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 respondent had been effected, directed for issuance of fresh notice subject to deposit of Rs.10,000.00 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 24/7/2011 as the service was not complete. As per Office Report dtd. 14/12/2011 in terms of the affidavit filed by the appellant, the service on the respondent was complete but he had not put in appearance till date. Meaning thereby that he is not interested to defend the present litigation.

(3.) A perusal of the award of the Labour Court shows that the address of the respondent is through some Union and he had not furnished his own address. 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.