Employee Can't Plead Non-Receipt of Notice After Failing to Update Address, Supreme Court Cancels Reinstatement Order

The Supreme Court has set aside an order directing the reinstatement of a worker and payment of back wages, holding that the employee failed to substantiate his claim that he had been illegally removed from service.

Background of the Case

Arjun Gupta was employed as a molder with M/s Rifilis Engineering Pvt. Ltd. from August 2006. According to the company, Gupta stopped reporting for duty in May 2012 without informing management. A notice was sent to the permanent address available in company records, but no response was received.

The employee later claimed that he had gone on leave due to his mother's illness and had attempted to rejoin work on June 8, 2012, but was not allowed to do so. The dispute eventually reached the Labour Court, which ordered his reinstatement with back wages.

The bench found that the company had sent the notice to the only address provided by the employee in its records. The Court observed,

“An employer can only be expected to communicate with an employee at the address the employee has provided.”

The judges noted that if the employee had changed his residence, it was his responsibility to inform the employer.

The Court also found no documentary evidence supporting Gupta's claim that he had informed his superior about his leave or that he had later tried to resume work. The bench observed that the employee had not sent any written communication explaining his absence during the relevant period.

Holding that the Labour Court and the Allahabad High Court had granted relief without sufficient evidence, the Supreme Court allowed the company's appeal. The Court set aside the High Court judgment as well as the Labour Court's award, cancelled the directions for reinstatement and back wages, and rejected the employee's claim.

Case Details:

Case Title: M/s Rifilis Engineering Pvt. Ltd. v. Arjun Gupta

Case Number: Civil Appeal arising out of SLP (Civil) No. 26434 of 2024

Judge: Justice Vikram Nath and Justice Sandeep Mehta

Decision Date: May 22, 2026