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PETITIONER: M/S. MULLER & PHIPPS (INDIA) LTD.
Vs.
RESPONDENT: K. C. SUD
DATE OF JUDGMENT: 11/04/1960
BENCH: GUPTA, K.C. DAS BENCH: GUPTA, K.C. DAS GAJENDRAGADKAR, P.B.
CITATION: 1960 AIR 1028 1960 SCR (3) 508
ACT: Industrial Dispute-Scheme for gratuity-Claim for gratuity by workmen under the scheme in addition to retrenchment compensation If must depend on the construction of the scheme-Industrial Disputes Act, 1947 (14 of 1947), S. 25F.
HEADNOTE: The Labour Court, Delhi, made an award framing gratuity scheme, one of the provisions being that on the termination of service by the company, the workmen shall be entitled to half a month’s basic salary or wage for each year of completed service as gratuity. The respondent who was retrenched had received compensation under S. 25F of the Industrial Disputes Act made an application under s. 33C of the Act claiming the gratuity in accordance with the scheme in addition to the retrenchment compensation already received. The contention of the appellant was that the gratuity which the respondent claims was in essence the same thing as compensation for the retrenchment and to allow gratuity in addition to the retrenchment compensation under s. 25F would be to give double benefit for the same event, i. e., retrenchment : Held, that whether retrenched workmen ca...