PENTAIAH Vs. CHARANLAL SRIKISHEN PARTNERSHIP FIRM

JUDGEMENT

(1.) This is a revision petition filed by the employees against an order of the 1st Additional Chief Judge, City Civil Court, Hyderabad given on 3rd April, 1963. It arises in the following circumstances. The respondent is a cloth merchant. He appointed the petitioner on 2nd December, 1960 on a monthly salary of Rs. 75 as Sales Agent. He was working from 2nd December, 1960 to 27th July, 1963. The contention of the employee in the application was that he asked the employer to give him an advance of Rs. 50 whereupon the employer lost his temper and asked him to get out. The employee was thus dismissed from service. It is on the basis of this dismissal that he claimed gratuity of Rs. 225 for 6 years, Rs. 29 for 12 days encashment leave and subsequent wages till the date of payment of gratuity of Rs. 225 He thus claimed in all Rs. 479 under section 36 of the Andhra Pradesh (Telangana Area) Shops and Establishments Act, 1951.

(2.) This petition was resisted by the employer alleging inter alia that the employee had asked for an advance of Rs. 300 although he had already drawn considerable amount in advance. The employer declined to give him any further amount. The employee thereupon voluntarily stayed away from the work. He was not dismissed by the employer. He therefore questioned the competence of the employee to claim gratuity under section 36 of the Act.

(3.) Upon a proper enquiry, the authority under the Act by its order dated 17th September, 1964 directed the payment of 3 years gratuity which the authority thought would be Rs. 225 and allowed Rs. 15 towards subsequent wages. Thus the employer was directed to pay Rs. 240 to the employee.