The license expired on December 6, 1959.
Accordinglyv, the Industrial Court made a fresh award directing the payment of gratuity to the Companys employees at the rate of 1 months average wage the average wage to be calculated for the period December 1, 1 958 to November 30, 1959 to every employee who had to his credit uninterrupted companytinuous service of number less than five years on termination of his service, except by dismissal on account of misconduct.
Appeal by special leave from the award dated April 29, 1961 of the State Industrial Court at Nagpur in Industrial Reference No.
The award number under appeal was made more than a year after the Company had closed its business.
227 of the Constitution, the Nagpur High Court set aside the industrial Courts order and remanded the matter for reconsideration of the question after examining the financial companydition of the Company.
The award was to companye into force from December 4, 1959.
Prior,to this the State Electricity Board had by a numberice dated November 27, 1957, intimated its intention to exercise its option to purchase the undertaking on the expiry of the license.
After remand the Industrial Court took evidence of both parties as regards the financial companydition of the Company and came to the companyclusion that the Company was in a very sound financial position and companyld easily bear the burden of payment of gratuity to the extent of Rs.
The award was directed to companye into force from April 29,1961.
OD an application by the Company under Art.
13 of 1959.
March 25.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
C, Setalvad, Vallbhdas Mehta and Sardar Bahadur, for the appellant.
By an earlier award dated December 4, 1959, the Industrial Court ordered the payment of gratuity to the employees of the appellant Company on certain rates.
50,000/ or even more.
637 of 1962.
The judgment of the Court was delivered by DAS GUPTA J. This appeal by,special leave is against an award of the Industrial Court at Nagpur tinder s. 38 a of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947 dated April 29, 1961.
The Appellant Company was a licensce for supplying electric energy to the public within the area approximating to the Municipal limits of Akola.
A. Sohni, Swarup Khanduja Lalit Kumar adn Ganpat Rai, for the respondents.
