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april 1960

Supreme Court of India · 1960-04-11

M/S. MULLER & PHIPPS (INDIA) LTD. vs K. C. SUD

Citation / case number
SC 1960/36
Court
Supreme Court of India
Petitioner
M/S. MULLER & PHIPPS (INDIA) LTD.
Respondent
K. C. SUD
Bench
GUPTA, K.C. DAS

Judgment text excerpt

The Supreme Court held that under Section 25F of the Industrial Disputes Act, 1947, a retrenched workman is entitled to claim gratuity in addition to retrenchment compensation, provided the gratuity scheme explicitly allows for such a claim. The Court found that the terms of the gratuity scheme indicated that it was intended to provide additional benefits rather than replace retrenchment compensation. Therefore, the respondent was entitled to receive gratuity despite having already received retrenchment compensation under Section 25F.

M/S. MULLER & PHIPPS (INDIA) LTD. vs K. C. SUD · Niyam