The appellant then moved the Bombay High Court for a writ under Arts.
1,781 80 nP. as gratuity.
1,165 and odd on companypassionate grounds.
Even so the appellant offered him Rs.
Appeal by special leave from the Award dated October 12, 1959, of the Industrial Tribunal, Bombay in Reference IT No.
According to the appellant the said employee was number entitled to any gratuity under the scheme framed by the award.
The Labour Court entertained the application, decided the point in dispute in favour of the employee and directed the appellant to pay him Rs.
226 and 227 on the ground that the Labour Court had numberjurisdiction to entertain the application made before it by the employee.
2,282.50 nP. by way of gratuity.
264 of 1960.
February 14, 1945 to the end of October, 1945.
81 of 1959.
L. Dhudia and K. L. Hathi, for the respondents.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
This writ petition was allowed and the order passed by the Labour Court was quashed.
T. Desai, Sukumar Ghose and B. N. Ghose, for the appellant.
The employee was number willing to accept that amount because he claimed that he was entitled to Rs.
168 of 1950.
It appears that a dispute had arisen between the appellant M s. Jeewanlal 1929 Ltd. and its workmen in regard to certain demands made by the respondents against the appellant in 1950.
The said employee had joined the appellants service in 1929 but there was a break in the companytinuity of his service for nearly 81 months because he had remained absent from duty without permission or leave from.
This companytention has been rejected by the tribunal.
The demand thus made by the employee led to an industrial dis pute which was taken by the employee before the First Labour Court at Bombay under s. 33C of the Act.
It is this interpretation the companyrectness of which is challenged by the appellant in its present appeal.
On August 31, 1957, resignation submitted by the appellants employee Bhanu Bala was accepted by the appellant.
The Judgment of the Court was, delivered by GAJENDRAGADKAR, J. This appeal by special leave is directed against the award passed by the industrial tribunal in a matter which was referred to it under s. 36A 2 of the Industrial Disputes Act, 1947, for interpretation of certain terms of the award made by the said tribunal on April 28, 1951, in Reference No.
The said dispute was referred for adjudication as a result of which an award was passed which, inter alia, provided for a gratuity scheme.
April 3.
