MESSRS. BRAHMACHARI RESEARCH INSTITUTE versus ITS WORKMEN

MESSRS. BRAHMACHARI RESEARCH INSTITUTE versus ITS WORKMEN

The gratuity provided under the award on retrenchment is nothing more nor less than retrenchment compensation under Section 25F of the Industrial Disputes Act, 1947. The workmen are only entitled to one or the other, whichever is more advantageous, and cannot claim both. The appellant having paid compensation under Section 25F, the workmen are not entitled to anything more under the award.

Parties
Appellant: Messrs. Brahmachari Research Institute; Respondent: Its Workmen
Jurisdiction
India
Judgment Date
16 October 1959
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Labour Appellate Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Retrenchment Compensation, Gratuity Scheme, Industrial Disputes Act
Labour Law Industrial Disputes Retrenchment Compensation Gratuity Scheme Industrial Disputes Act

Case Brief

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Parties

Messrs. Brahmachari Research Institute

Appellant

Its Workmen

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Labour Appellate Tribunal Decision

Legal Issues

  1. 1 Whether retrenched workmen are entitled to gratuity under the award in addition to retrenchment compensation under Section 25F of the Industrial Disputes Act, 1947

Ratio Decidendi

The gratuity provided under the award on retrenchment is nothing more nor less than retrenchment compensation under Section 25F of the Industrial Disputes Act, 1947. The workmen are only entitled to one or the other, whichever is more advantageous, and cannot claim both. The appellant having paid compensation under Section 25F, the workmen are not entitled to anything more under the award.

Court Disposition

Appeal allowed

Orders

  • Set aside the decision of the Labour Appellate Tribunal
  • Restore the decision of the Industrial Tribunal