JUDGMENT

KRISHNA IYER J. - Fascinating, superficially are the two submission made by Shri B. Sen appearing for the appellant-Management challenging the direction in the award of the Industrial Tribunal for payment of gratuity by way of retirement benefit to certain workmen who had raised an industrial dispute on the score that their retirement was illegal and premature. The two contentions are : (1) that the terms of reference which limit the jurisdiction of the Tribunal did not cover the question of payment of gratuity at all and therefore, the award pro tanto was bad and (2) that natural justice had been breached by the Tribunal in the awarding gratuity since parties were not at issue on that question at all.

2. It is useful to examine the terms of reference. There are two disputes and two reference, but it is enough if one of them is reproduced :

Whether the employers have retired their workmen Sri. Peerbux (Son of Sri Inam Bux) Bank Peon and Sri Sahadat Ali (Son of Sri Banne Ali) Coolie, Maintenance Department by orders dated May 30, 1970 (Copies attached) in a justified and/ or legal manner ? In nor then to what benefit /compensation are the workmen entitled and with what deta