Judgment

HIDAYATULLAH, J. : In this appeal by special leave the only question is whether the Industrial Court, Madhya Pradesh, Indore erred in introducing by its award dated December 29, 1962 a scheme of gratuity in the Burhanpur Tapti Mills Ltd., the appellant before us. The Burhanpur Tapti Mills Mazdoor Sangh (respondent) which represents the workers in the Company gave a notice of change under S. 31(2) of the Madhya Pradesh Industrial Relations Act, 1960 demanding a scheme of gratuity. The Company did not accept the demand and the Sangh forwarded under the Act to the Conciliator a statement of its case. The conciliation proceedings failed and the Sangh made a reference under S. 52 of the Act to the Industrial Court submitting its demand as follows :

"(1) Whether there is a case for awarding the introduction of the Scheme of gratuity to the employees of the Burhanpur Tapti Mills Ltd., Burhanpur.

(2) If so, whether the Scheme of gratuity as demanded by the representative union or some other adequate scheme of gratuity be granted. "

The case of the Sangh was that the financial condition of the Company was quite sound, that the textile industry in general and this Company in particular,