S S AMBE Vs. ESKAYLAB LTD

JUDGEMENT

(1.) This is an appeal preferred by the unsuccessful plaintiff. It arises in the following circumstances: The plaintiff was an employee of defendant-2 - Eskaylab Limited. He resigned from the employment on 30-4-1980 allegedly on account of some injury he suffered to his toes. He was paid a sum of Rs. 3,202-50 as gratuity under the Scheme sponsored by the employer defendant-2, but the plaintiff refused to receive the same. The plaintiff learnt that other employees of defendant-2 had been paid more and, therefore, he entered into correspondence with defendant-2. He claimed that he was entitled to the maximum gratuity payable, namely, Rs. 30,000/- on account of his long service of 22 years which was unblemished. Not having received proper reply to his notice issued to defendant-2, he presented the suit.

(2.) The defendants through defendant-2 resisted the claim. It was contended by them that the Scheme governing the payment of gratuity to the plaintiff did not allow any amount other than what the employer in his discretion paid by way of gratuity. They admitted that they had paid Rs. 3,200-50 as gratutity to the plaintiff on his resignation which was declined by him. (However, it is noticed that the plaintiff restricted his claim to Rs. 26,797-50 after giving deduction to what the Company had offered to pay. But there was.no separate prayer in the alternative that the amount offered to be paid at least should be decreed to be paid).

(3.) On such pleadings, the trial Court framed as many as five issues and they are as follows :