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october 1959

Supreme Court of India · 1959-10-16

MESSRS. BRAHMACHARI RESEARCHINSTITUTE vs ITS WORKMEN

Citation / case number
SC 1958/52
Court
Supreme Court of India
Petitioner
MESSRS. BRAHMACHARI RESEARCHINSTITUTE
Respondent
ITS WORKMEN
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that retrenched workmen, who received compensation under Section 25F of the Industrial Disputes Act, 1947, were not entitled to additional gratuity under the modified gratuity scheme established by the industrial tribunal. The Court clarified that the amount termed as gratuity was essentially retrenchment compensation, and under Section 25J, workmen could only claim either the statutory compensation or the gratuity, whichever was more beneficial. The judgment emphasized that the legislature did not intend for workmen to receive double compensation upon retrenchment.

MESSRS. BRAHMACHARI RESEARCHINSTITUTE vs ITS WORKMEN · Niyam