2985 87, 3398 3410 of 1981, 369 410, 450 59, 3091 3092 of 1982, 60/83, 2560/83, 10778 of 1983, Appeals by Special leave from the Order of the Appellate Authority, Under the payment of Gratuity Act, Madras dated 29th May, 31st January, 27th February, of 1981, 17th, 30th April 16th December 20th December, 1982 in G.A. Nos.
338, 4263 of 1977, 4028/80, 2662/78, 4056, 2171, 2170/80, 4136/78,4339/80, 2028/78,2085/80, 2178/78,1590/76,3164, 2426/80, 2122/80, 2452/78, 4414/80, 2073/78, 1598/76, 1596/76, 4257/80, 614/79, 4057, 4254, 4411, 1732/80, 1597/76, 4259/80, 2664/78, 4252, 2175/80,2058/78, 3972/80, 26/79,4410/80,1592/76,3571, 4259, 4058, 3570, 2007/80,2169/78, 2135, 4331/80, 2665/78, 2006, 4255, 4022/80, 1595/76, 4054/80, 1594/76, 4026,2174/80, 2168/78, 3567/80,2172/78, 2133/80, 2469/78, 5470/78, 1593/76, 3569/80, 1551/76, 1591/76, 2008, 3156, 4029, 3165, 4055, 4409, 4408, 2427, 3412, 4024,4023,4412,3166/80,2663/78, 4225, 2134, 3157,4253/80, 2454/78,4027/80,2471/78, 1959/80,1635/76, 2453/78,2172,3163/80,2461/78,3158, 4053,4413/80,2073/78, 3568, 2005/80,1542, 1540, 1378, 1377/78,492, 339,340/77, 1541,1379/78, 3041/77,226/79, 3050,3056,3034 3038,3037/77,3767,4261,3058/77,168/79, 3766, 3039/77,3048, 3035, 3047, 4262, 4259, 3988, 3053, 4260, 4383/77,265/79, 4258, 2967,3055,3052, 3280, 3033, 3032, 3036, 3051,3049,3040,4381,4382, 3042/1977 264 of 1979.
2559 of 1984.
20/81, 1/77, 9/82, 10 11/82 and 16 of 1983 Soli J. Sorabjee, A.N. Haksar, S. Ramasubramaniam, Sanjay Mohan D.N. Gupta for the Appellants in CAS.
Dr. Y.S. Chitale, S. Ramasubramaniam, Sanjay Mohan, N. Gupta for the Appellants in CAS.
AND Special Leave Petition Civil Nos.
2332 1970, 2432,2784 2877 of 1981 and 7447 to 7497 of 1983 Appeals by Special leave from the Judgment and Order dated the 19th June, 1981 of the Madras High Court in Writ Petition Nos.
From the Orders dated the 19th July, 1981, 28th July 12th August, 1982 and 16th February, 1984, of the Appellate Authority and the Regional Labour Commissioner Central Madras Under the Payment of Gratuity Act, 1972 in P.G.A. Nos.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
1819, 3324, 11382 84, 14754 of 1982 and 4940 of 1984.
Since he was entitled to payment of gratuity under the Act, the appellant calculated the amount of gratuity payable to him under sub s. 2 of s. 4 on the basis that fifteen days wages meant half of the monthly wages last drawn by him, i.e., for 13 working days, there being 26 working days in a month.
WITH Civil Appeal Nos.
1970 of 1981 relating to another employer, Messrs Madura Coats Ltd. as also in Civil Appeal No.
3091/82.
2332 of 1981 Messrs Jeeva lal 1929 Ltd. v. The Appellate Authority under the Payment of Gratuity Act, Madras Ors, the respondent ceased to be an employee on attaining the age of superannuation after companypleting 35 year of service.
In all these appeals, the respondent in each case was a monthly rated employee and the appellant, a public limited companypany, was his employer.
The facts in each of these cases are more or less similar and it will suffice to state the facts in one of them.
Being dissatisfied with such payment, the respondent made a claim under sub s. 1 of s. 7 of the Act before the Controlling Authority, Madras for determination of the amount of gratuity payable to him.
In Civil Appeal No.
I in CA.
He made a demand for payment of an additional sum as gratuity on the ground that his daily wages should be ascertained on the basis of what he actually got for 26 working days and the amount of fifteen days wages should be calculated accordingly, number by just taking half of his wages for a month of 30 days or fixing his daily wages by dividing his monthly wages by 30.
As a result of these companyflicting orders passed by the Appellate Authority, the employers in some of these cases and the employes in others had to file petitions in the High Court under Article 226 of the Constitution and they have been disposed of in the judgment under appeal.
2432 of 1981 relating to the same employer, Messrs Jeevanlal 1929 Ltd. as also in Civil Appeal No.
Ambrish Kumar for the Respondent.
2559 of 1984 relating to M s Binny Ltd. and upheld the orders of the Controlling Authority.
Appeal by Special leave from the Judgment and Order dated 22nd March, 1984, of the Appellate Authority and the Regional Labour Commissioner Central Madras Under the Payment of Gratuity Act, 1972 in Appeal No 17 of 1983.
S. Parihar for Respondent in CA.
60 of 1983.
The Judgment of the Court was delivered by SEN, J. These appeals by special leave and the companynected special leave petitions from the judgment and order of the Madras High Court dated June 19, 1981 raise a question of substantial importance.
2332/81 2985 of 1981 Ramasubramaniam, Sanjay Mohan D.N. Gupta for Appellants in rest of the Appeals and for Petitioners in Special Leave Petitions.
2432/81, 10778/83 2559/84.
H. Mehta M.C. Tiwari for Respondent No.
Padmanabhan, S. Ramasubramaniam, Sanjay Mohan D.N. Gupta for the Appellants in CA.
1970/81 2560/83.
24/81, 31/80,90/80,138,132, 131, 134, 139, 129, 137, 92, 133,91,136, 135, of 1980, 19 23, 25 28, 30,29,31 39 of 1981, 61, 69, 101, 98,66, 73, 50, 63, 60, 32, 33, 34, 35, 36, 57, 58, 59, 62, 64, 65 67,68,74 79, 97, 99, 100 49 of 1980 2 6 of 1981, 458/81, 48/82 and 12 of 1981 AND Civil Appeal No.
