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september 1968

Supreme Court of India · 1968-09-27

DELHI CLOTH & GENERAL MILLS CO., LTD. vs WORKMEN AND ORS. ETC.

Citation / case number
SC 1967/186
Court
Supreme Court of India
Petitioner
DELHI CLOTH & GENERAL MILLS CO., LTD.
Respondent
WORKMEN AND ORS. ETC.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court addressed the applicability of gratuity schemes under the Industrial Disputes Act, specifically examining whether the Tribunal could impose a gratuity scheme on A.T.M. despite a prior settlement with its workmen. The Court held that the Tribunal had jurisdiction to apply the gratuity scheme, emphasizing that the financial stability of A.T.M. did not exempt it from gratuity obligations. The Court clarified that the determination of gratuity should consider basic wages rather than consolidated wages, and that misconduct should not negate gratuity entitlement.

DELHI CLOTH & GENERAL MILLS CO., LTD. vs WORKMEN AND ORS. ETC. · Niyam