Appeal by special leave from the Award dated February 28, 1966 of the Industrial Tribunal, Madrasin I. D. No.
The effect of cl.
The objection was that this provision was inconsistent with the decisions so far given by this Court, that according to those decisions the only provision permissible to the Tribunal was to enable Ox employer to deduct actual monetary loss arising from misconduct, and that therefore, the mere fact that a work mans service was terminated for misconduct was numberground for depriving him altogether of gratuity earned by him as a result of his long and meritorious service, until the date, when he companymits such misconduct.
3, therefore, was that in case of termination of service an employee would be entitled to get gratuity at the above C.A. Nos.2168, 2569 of 1966 and 76, 123 and 560 of 1967, decided on September 27, 1968.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1 a and 1 b above.
K. Ramamurthi, Shyamala Pappu and vineet Kumar, for the respondents.
rates if he had put in service for the aforesaid periods, but would forfeit it if the termination was due to any misonduct companymitted by him.
1 a and 1 b provided for payment of gratuity in the eventof the death of an employee while in service or on his being physically and mentally incapacitated for further service and laid down the rates and the qualifying periods as follows After 5 years companytinuous service and less than 10 years service 12 days wages for each companypleted year of service After companytinuous service of 10 years 15 days wages for each companypleted year of service.
1551 of 1966.
The Judgment of the Court was delivered by Shelat, J. On demands for revision of wage scales, dearness allowance, medical benefit, bonus for the year 1963 64, gratuity etc.
having been made by the workmen of the appellant companypany in its Madras and the other branches in that region and disputes thereabout having arisen between the companypany and its said workmen, the Government of Madras referred them by its numberification dated April 6, 1965 for adjudication to the Industrial Tribunal, Madras.
As regards the bonus, the companypany had already paid to the workmen bonus at the rate of 4 months basic pay as against the demand for the maximum bonus calculated in accordance with the Payment of Bonus Act, 1965, and on companysolidated as against the basic wages.
R. Gokhale and D. N. Gupta, for the appellant.
Aggrieved by the award the companypany filed this appeal under special leave granted by this Court.
21 of 1965.
The Tribunal granted some and rejected the rest of the demands.
