Monday, June 22, 2026

Employee Who Didn't Inform Employer Of Address Change Can't Raise Plea Of Non- Receipt Of Show-Cause Notice : Supreme Court


Facts:  
Employee stayed absent ∼24 days without authorization. Employer sent show-cause notice to his permanent Bihar address, which he gave. Employee lived in Noida UP and said he never got it. He claimed absence was due to mother’s ill health and he verbally told his superior.



Issue:  
Labour Court + Allahabad HC ordered reinstatement with back wages. Employer appealed to SC.

SC Holding:  
 1.  Notice valid: Employer must send communication only to the address provided by employee. Duty to update residence/address lies with employee, not employer.  
 2.  Absence unjustified: No documentary proof of mother’s illness or leave request. 1 oral claim without any written intimation/leave application during 24 days is not enough.  
 3.  No relief: Employee produced no evidence of trying to rejoin duty either.

Outcome:  
SC set aside Labour Court + HC orders. Validated removal from service. Appeal allowed.

Core principle: “You can’t take advantage of your own omission” — if you don’t update your address or give leave proof, you bear the consequences.

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