Judgment

SHAH, J:- By order dated February 24, 1965 the Chief Commissioner of Delhi referred for adjudication, industrial disputes between the appellant company and its workmen relating to dearness allowance and introduction of a scheme of gratuity for the benefit of the workmen. The Industrial Tribunal Delhi framed the following "gratuity scheme":

"(1) On death or retirement on attaining the age of supernnaution or on becoming mentally or physically unfit for further service. One month s wages for each year of service or part thereof in excess of six months subject to a maximum of 15 months wages. In case of death of employee the gratuity shall be payable to his nominee or if there is no nominee to his legal heirs.

(2) On termination after five years service for any cause whatsoever except by way of retrenchment or resignation. 15 days wages for each year of service or part thereof in excess of six months subject to a maximum of 15 months wages.

(3) On resignation after 10 years of service. 15 days wages for each year of service or part thereof in excess of six months subject to a maximum of 15 months wages.

Provided that if termination is for any misconduct causing financial l