Service of notice would not be proper if sent on wrong address or received back with endorsement" no such person" reside at the address indicated on notice. - The Industrial Disputes Act, 1947
When notice sent by Enquiry Officer has been received back with endorsement "no such person" reside at the address indicated on notice, enquiry proceedings and finding by the Enquiry Officer would be a futile exercise or of no use. When enquiry finding remains a futile exercise, reconsideration of the same by Tribunal would also be a futile exercise. When application seeking approval under Section 33 (2) (b)of the Industrial Disputes Act, 1947 has been rejected by the Tribunal, workman would be deemed to be in service till he would be reinstated or he would reach the age of his superannuation and would be entitled to back wages accordingly. When application seeking approval under Section 33 (2) (b)of the Industrial Disputes Act, 1947 has been rejected, enquiry proceedings would be deemed to be continued till death of the workmen and no finality would be there, resultantly no punishment would be justified.
-General Manager, Tamilnadu State Transport Corporation vs. Industrial Tribunal, Chennai and Others. 2019 (Mad. H.C.)
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