BRAHMACHARI RESEARCH INSTITUTE CALCUTTA 4 Vs. THEIR WORKMEN

JUDGEMENT

(1.) This appeal is directed against the decision of the Labour Appellate Tribunal of India in an industrial matter. The appellant is a partnership concern carrying on business in the manufacture of pharmaceutical products. There was a gratuity scheme in force in the appellant-concern for a long time. This scheme was modified by an award of the industrial tribunal dated 18-8-1952 (hereinafter called the Award), and since then the modified scheme has been in force. The financial condition of the appellant deteriorated and consequently it was compelled to retrench a number of workmen. It, therefore, applied to the Appellate Tribunal under S. 22 of the Industrial Disputes (Appellate Tribunal) Act, No. XLVIII of 1950, for permission to retrench 89 workmen. The Appellate Tribunal granted permission for retrenchment of 75 workmen only. Consequently, after obtaining such permission, the appellant retrenched the workmen and paid them compensation as provided in S. 25F of the Industrial Disputes Act, 1947 (hereinafter called the Act). Thereupon a dispute was raised by the retrenched workmen through the union in existence in the appellant-concern for gratuity on retrenchment under the award. This dispute was referred to the Second Industrial Tribunal, West Bengal, on 23-3-1956, for adjudication in the following terms:

(2.) The general question has been considered by this Court in Indian Hume Pipe Company Ltd. vs. Its Workmen, Civil Appeal No. 169 of 1958, judgment in which is being delivered today. As the penultimate paragraph in that judgment shows special considerations may arise on the terms of agreements or awards in particular cases and it is this aspect which falls to be considered in the present appeal.

(3.) The sole question, therefore, for determination in this appeal is whether the retrenched workmen are entitled under the Award to gratuity provided therein in addition to retrenchment benefit under S. 25F of the Act. We may therefore reproduce here the relevant part of the Award, which is in these terms: