(1.) THE petition arises out of an application under Section 330 (2) of the Industrial Disputes Act, 1947, by the petitioner to the Labour Court, Bombay. The petitioner was employed as Comptist on a monthly salary of Rs. 200/- and other allowances. He served for about II years and resigned on 6th December 1961 on medical grounds. His resignation was accepted and all his dues except gratuity were paid. He made the application alleging that as per the Cotton Textile Industry award he was entitled to be paid gratuity and requested the Labour Court to compute the amount of the gratuity payable to him. The Labour Court declined jurisdiction and hence this petition.
(2.) THE contention of respondent No. I was that as the award was made under Bombay Industrial Relations Act 1946 and not under Industrial Disputes Act, Section 330 (2) had no application. This argument was founded on the basic contention that the subject matters of Section 330 (1) and 330 (2) were the same i. e. both applied to cases of award, settlement or rights available under Chapter VA of the Act.
(3.) MR. Narayanswami contends in the first instance that under Section 330 (2) the money benefit could be computed only when such right is claimed under an award or settlement under the Act or by reason of the provisions of Chapter VA of the Act i. e. in other words the section is applicable only to cases falling within Section 33c (i ). He relies on Laxmi Mills Co. Ltd v. Labour Court, Coimbatore, (1962) I Lab LJ 493: (AIR 1962 Mad 335 ).