Judgment

GAJENDRAGADKAR, J. : This appeal by special leave is directed against the award passed by the industrial tribunal in a matter which was referred to it under S. 36-A (2) of the Industrial Disputes Act, 1947, for interpretation of certain terms of the award made by the said tribunal on April 28, 1951, in Reference No. 168 of 1950. It appears that a dispute had arisen between the appellant M/s. Jeewanlal (1929) Ltd. and its workmen in regard to certain demands made by the respondents against the appellant in 1950. The said dispute was referred for adjudication as a result of which an award was passed which, inter alia, provided for a gratuity scheme. Some provisions of this award have been referred for interpretation in the present reference.

2. On August 31, 1957, resignation submitted by the appellant s employee Bhanu Bala was accepted by the appellant. The said employee had joined the appellant s service in 1929 but there was a break in the continuity of his service for nearly 8 1/2 months because he had remained absent from duty without permission or leave from February 14, 1945, to the end of October, 1945. According to the appellant the said employee was not entitled to a