M/S. MULLER & PHIPPS (INDJA) LTD. versus K. C. SUD

M/S. MULLER & PHIPPS (INDJA) LTD. versus K. C. SUD

The gratuity that could be claimed under the present award by retrenched workmen was intended to be in addition to the retrenchment compensation and not in lieu thereof; therefore, respondent is entitled to gratuity even though he received retrenchment compensation.

Parties
Appellant: M/S. Muller & Phipps (India) Ltd.; Respondent: K. C. Sud
Jurisdiction
India
Judgment Date
11 April 1960
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Decision of the Labour Court, Delhi, Dated May 18, 1959, in L.c.a. No. 53/1959
Outcome
Appeal dismissed with costs.
Legal Topics
Gratuity Scheme, Retrenchment Compensation, Construction of Award, Section 25 F Industrial Disputes Act
Labour & Industrial Gratuity Scheme Retrenchment Compensation Construction of Award Section 25 F Industrial Disputes Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

M/S. Muller & Phipps (India) Ltd.

Appellant

K. C. Sud

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Decision of the Labour Court, Delhi, Dated May 18, 1959, in L.c.a. No. 53/1959

Legal Issues

  1. 1 Whether retrenched workmen can claim the benefit of a gratuity scheme in addition to retrenchment compensation under Section 25F of the Industrial Disputes Act
  2. 2 Whether the terms of the gratuity scheme provide for double benefit

Ratio Decidendi

The gratuity that could be claimed under the present award by retrenched workmen was intended to be in addition to the retrenchment compensation and not in lieu thereof; therefore, respondent is entitled to gratuity even though he received retrenchment compensation.

Court Disposition

Appeal dismissed with costs.

Orders

  • Respondent K. C. Sud is entitled to payment of Rs. 80.42 np. as gratuity under the award in addition to retrenchment compensation already received.