Taking note of the fact that effecting of service on parties concerned has proved to be a challenge during the pandemic period, the Delhi High Court has issued directions to all Labour Courts, Tribunals and Authorities to include details of workmen and management while passing orders or awards in cases concerning their disputes regarding termination, suspension etc.
Justice Pratibha M Singh observed thus:
"This Court has noticed that in several matters which involve Workmen and Management in which awards of the Labour Court are challenged before this Court, service of the Workmen/ Management consumes a substantial amount of time as the awards do not contain the contact details of the Workmen or the Management."
The Court also took note of the fact that at times, Workmen are unable to move applications for release of litigation expenses or any part of the awarded amount whenever it had passed orders directing deposit of amounts with Registrar General of High Court.
"It is, therefore, imperative that the Workmen and the Management are served at the earliest possible occasion and, in fact, advance copies are served upon them even before the matter is listed. This would also enable Courts to explore if any settlements are possible between the Management and the Workmen on the first date of hearing," the Court said.
Accordingly, following directions have been issued by the Court:
- Labour Courts, Authorities and Tribunals shall in the final awards/orders passed by them, include the complete details of the authorized representative of the Management in the cause title/memo of parties, including the mobile number and email address of the Management.
- It is directed that when awards and orders are passed by the Labour Courts, Authorities and Tribunals, the details such as permanent address of the Workmen along with any other address available on record be added in the cause title which forms part of the orders/awards and/or judgements.
- Other details to be included are mobile number of the workmen or authorised signatory; details of one of their immediate family members, for example, the spouse or child of the Workmen, if deemed appropriate and adhaar number/any other valid government identity card number of the Workmen.
"This would enable advance copies to be served upon the Management and the Workmen so that they can be represented on the first date when the Court hears the matters. This would also enable expeditious delivery of notices upon the Management and Workmen, once the petition is entertained by the Court," the order stated.
Title: DIRECTOR GENERAL OF WORKS (CPWD) v. LALJEET YADAV AND ORS