Case: M/s. Dalmia Cement (Bharat) Limited Vs. Their Workers Represented By The Dalmia Cement Workers' Union, Dalmiapuram

1. This appeal by special leave arises out of an industrial dispute between M/s. Dalmia Cement (Bharat) Ltd., (hereinafter called the appellant) and its workmen (hereinafter called the respondents) which was referred for adjudication to the industrial tribunal. The dispute related to several items of claim made by the respondents but in the present appeal we are concerned only with one of them; that is the respondents claim for gratuity. The tribunal considered the objections raised by the appellant against the scheme of gratuity which was then in force and held that there was no substance in them. Certain alterations were suggested by the respondents in the said scheme some of which were accepted by the tribunal. In the result an award was made directing appropriate revision of the scheme of gratuity. Against this award the appellant preferred an appeal, and on its behalf the same contentions were raised and with the same result. The appellate tribunal saw no reason to interfere with the award made by the tribunal. It is against this part of the award that the present appeal has been preferred.

Reasoning:
It is true that the modification proposed by the appellant refers to the gratuity payable to the workmen under any award for the time being in force; it does not refer in terms to retrenchment compensation. But the failure to use the words "retrenchment compensation" can be easily explained if it is remembered that the modification was suggested on December 1, 1953, when Ordinance V of 1953 was in force. As we have pointed out in the case of the Indian Hume Pipe Co. Ltd., (AIR 1960 SC 251 ) (supra), S. 25E of the Ordinance had itself used the word gratuity which had been subsequently substituted by the words "retrenchment compensation" by S. 25F of the Act. Therefore it is clear that the contention raised by the appellant by suggesting this modification was based on the general argument that the workmen are not entitled to the double benefit of gratuity and retrenchmentis described as a double benefit of gratuity and retrenchment compensation can be claimed by workmen.Therefore, on the merits the decision of the appellate tribunal which confirmed the award passed by the tribunal isthe appellants case is that under the scheme framed by it retrenchment compensation is provided for, it may be open to the appellant to raise such a plea if and when any retrenched workman claims the double benefit of gratuity and retrenchment compensation. The dispute would then be decided on a construction of the material clauses of the current scheme, Vide : Brahmachari Research Institute, Calcutta v. Its Workmen, Civil Appeal No. 4 of 1958 : (AIR 1960 SC 257 ), in which we are delivering our judgmentpoint does not appear to have been raised either before the tribunal or in appeal before the appellate tribunal; and so we cannot allow the appellant to raise this point for the first time before us.