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1984 Supreme(SC) 243

A.P.SEN, E.S.VENKATARAMIAH, O.CHHINNAPPA REDDY
Jeewanlal LTD. : Jeewanlal LTD. : Binny LTD. : Jeewanlal LTD. – Appellant
Versus
Appellate Authority Under The Payment Of Gratuity Act: N. Duraiswamy: G. Suryanarayanan: E. Govindan – Respondent


Advocates:
A.N.HAKSAR, AMBRISH KUMAR, D.N.GUPTA, M.C.TIVARI, N.GUPTA, Parihar, S.N.Mehta, S.Padmanabhan, S.Ramasubramaniam, Sanjay Mohan, SOLI J.SORABJI, Y.S.Chitale

JUDGMENT

SEN, J. :— These appeals by special leave and the connected special leave petitions from the judgment and order of the Madras High Court dated June 19, 1981 raise a question of substantial importance. The question is whether the words "fifteen days wages" occurring in sub-sec. (2) of S. 4 of the Payment of Gratuity Act 1972 (hereinafter referred to as the Act) in the case of monthly-rated employees, can only mean half a months wages : i.e. wages which they would have earned in a consecutive period of 15 days or in 13 working days and therefore in calculating the amount of gratuity payable to such employees the rate of wages earned by them has to be multiplied by "thirteen" there being 26 working days in a month and not by "fifteen". A subsidiary question arises as to whether the words "twenty months wages" occurring in sub-sec. (3) thereof would only mean wages for 520 working days taking the actual working days in 20 months or must mean 600 days taking that a month consists of 30 days.

2. It is not necessary to state the facts in any great detail. In all these appeals the respondent in each case was a Monthly-rated employee and the appellant a public limited company was hi


















































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