Judgement

GAJENDRAGADKAR, C.J.I. : The short question of law which arises in this appeal is whether workmen are entitled to apply to the Authority appointed under the Payment of Wages Act, 1936 (No. 4 of 1936) (hereinafter called the Act ) for the recovery of the amount of gratuity due to them under an award passed between them and their employer. This question has been answered by the Bombay High Court in the negative and the appellants, Purshotam. H. Jadye and 34 others, who have come to this Court with a certificate granted by the said High Court, contended that the view taken by the High Court is not justified on a fair and reasonable construction of S. 2 (vi) (d) of the act. Respondent No. 1 is Mr. V. B. Potdar, the Authority appointed under the Act, whereas respondent No. 2, the Bombay Chronicle Co. Private Ltd., is the employer of the appellants.

2. Respondent No. 2, a company having its registered office at Red House, Horniman Circle, Fort, Bombay, were the printers and publishers of the Bombay Chronicle , an English Daily, which used to be published in Bombay until the 5th April 1959. On that day, the paper discontinued its publication. The appellants are the former employ