Appeals from the Judgments and Orders dated 19 4 1976 and 12 10 1976 of the Gujarat High Court in S.C.A. No.
1088 of 1976 and 480 of 1977.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
1088/76.
The respondent demanded an additional sum as gratuity on the ground that his monthly wages should be taken as what he got for 26 working days, his daily wages should be ascertained on that basis and his fifteen days wages worked out 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.
480/77.
1641/76 respectively.
1088/76.
M. Tarkunde, K.L. Hathi and P.C. Kapur for the Respondent in CA No.
In both cases the respondent was a monthly rated employee and the appellant, a public limited companypany, was his employer.
The Controlling Authority under the Act accepted the respondents companytention and his decision was affirmed by the appellate authority.
Anil Kumar Gupta for the Intervener Baba Jha Bhai Talekar .
In Civil Appeal No.
R. Mridul, P.H. Parekh and C.B. Singh and Miss Vineeta Caprihan for the Appellant in CA No.
In Civil Appeal 480 of 1977 The Maharana Mills Limited appellant v. Shri Gopal Das Ladhabhai Kakkad respondent the respondent resigned his job after a little over 22 years of service.
The Controlling Authority accepted the respondents companytention and the appellate authority affirmed his decision following the view taken by the Gujarat High Court in the other case.
Gobind Das, A.N. Karkhanis and T. Sridharan and Mrs. Sunanda Bhandare for the Respondent in CA No.
Shanker Ghosh, G.B. Pai, and D.N. Gupta for the Intervener.
1088 of 1976 Shri Digvijay Woollen Mills Limited appellant v. Shri Mahendra Prataprai Buch respondent the respondent ceased to be an employee on attaining the age of superannuation after companypleting 19 years of service.
The appellant companypany paid him gratuity calculating his daily wages by dividing his monthly wages by 30 and companyputing fifteen days wages on that basis.
480/77.
Superintendent, Mines and Quarries, Bisra Stone Lime Co. Ltd. Anr.
Here also the respondent claimed an additional sum as gratuity and the basis of the claim was the same as in the other appeal.
S. Chitale, P.H. Parekh, R. Karan Jawala and Miss Vineeta Caprihan for the Appellant in CA No.
The appellant companypany calculated the amount of gratuity payable to him on the basis that fifteen days wages was half of the monthly wages last drawn by him.
495/76 and S.C.A. No.
