On voluntary retirement or resignation of an employee, after five years companytinuous service, half a months basic salary or wages for each year of companytinuous service.
On termination of service by the companypany, half a months basic salary or wages for each year of companypleted service.
Appeal by special leave from the decision dated May 18, 1959, of the Labour Court, Delhi, in L.C.A. No.
Sukumar Ghose, for the respondent.
It is also number disputed that his basic wage at the time of retrenchment was Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
April 11.
The Judgment of the Court was delivered by DAS GUPTA, J. This appeal is against an order of the Judge, Labour Court, Delhi, in an application under s. 33C of the Industrial Disputes Act by the respondent, K. C. Sud, by which the Court companyputed the amount due to the petitioner by way of gratuity under an award to be Rs.
80.42 np.
An application by Sud against this order of retrenchment under S. 33A failed.
Admittedly he had companypleted two years of service.
At that time a reference on the question of introduction of a gratuity scheme for the workmen of the companypany was pending before the Industrial Tribunal.
Sud, who was a workman of the appellant companypany, M s. Muller Phipps India Ltd. was retrenched by the companypany on January 31, 1958.
The scheme was also made applicable with effect from the date on which the reference had been made, viz.,
Purshottam Tricumdas, S. N. Andley, J. B. Dadachanji and Rameshwar Nath, for the appellants.
147 of 1960.
80.42 np.
It was on the basis of this award that Sud has made his application under s. 33C, his case being that as his retrenchment amounted to termination of service within the meaning of the award he was entitled to half a months basic salary for each year of companypleted service.
53/1959.
June 28,1957.
