BENNETT COLEMAN & CO. (P) LTD. versus PUNYA PRIYA DAS GUPTA

BENNETT COLEMAN & CO. (P) LTD. versus PUNYA PRIYA DAS GUPTA

An ex-employee whose claim for gratuity arises from employment is entitled to maintain an application under the Working Journalists Act; car allowance and benefits of a free telephone and newspapers are to be included as part of 'wages' in calculating gratuity; the rule of estoppel does not preclude the respondent’s claims as the full and final settlement receipt was obtained under circumstances lacking free consent and did not include certain claims.

Parties
Appellant: Bennett Coleman & Co. (P) Ltd.; Respondent: Punya Priya Das Gupta
Jurisdiction
India
Judgment Date
02 April 1969
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Award Dated February 28, 1966 of the Labour Court, Delhi in W.j. No. 2 of 1964
Outcome
appeal dismissed
Legal Topics
Working Journalists (conditions of Service) and Miscellaneous Provisions Act, Wages, Gratuity, Leave, Industrial Adjudication, Estoppel
Labour and Employment Law Working Journalists (conditions of Service) and Miscellaneous Provisions Act Wages Gratuity Leave Industrial Adjudication Estoppel

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Parties

Bennett Coleman & Co. (P) Ltd.

Appellant

Punya Priya Das Gupta

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Award Dated February 28, 1966 of the Labour Court, Delhi in W.j. No. 2 of 1964

Legal Issues

  1. 1 Whether an ex-employee is entitled to maintain an application for gratuity under the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955.
  2. 2 Whether the respondent was estopped from making claims in respect of one month's leave, car allowance, and estimated value of free telephone and newspapers by having signed a receipt in full settlement.
  3. 3 Whether car allowance and benefits of free telephone and newspapers are to be included in ‘wages’ for calculation of gratuity.

Ratio Decidendi

An ex-employee whose claim for gratuity arises from employment is entitled to maintain an application under the Working Journalists Act; car allowance and benefits of a free telephone and newspapers are to be included as part of 'wages' in calculating gratuity; the rule of estoppel does not preclude the respondent’s claims as the full and final settlement receipt was obtained under circumstances lacking free consent and did not include certain claims.

Court Disposition

appeal dismissed

Orders

  • Appeal is dismissed with costs.