( 1 ) THIS appeal under clause 10 of the Letters Patent is connected with another appeal viz. LPANo. 49of 1971. Both these appeals arise out of the same judgment of the learned Single Judge. LPA No. 48 of 1971 is against the decision in Civil Writ Petition No. 518-D of 1964 while LPA No. 49 of 1971 is against the decision in Civil Writ Petition No. 199-D of 1965.

( 2 ) THE appellant in either case is the management of The Hindustan Times, a daily newspaper published in Delhi. The contesting res- pondent in both the appeals is Shri Amar Singh (respondent No. 1) who was a peon employed with the appellant. The other respondent is Shri Roop Chand who was the presiding officer of the Labour Court in Delhi.

( 3 ) THE question involved in both the appeals is with regard to the amount of gratuity payable to the respondent

( 4 ) IT appears that in an industrial Dispute between the appellant and its workmen (being Industrial Dispute No. 29 of 1959), the ageof retirement was fixed by the Industrial Tribunal at 55 years, but in appeal before the Supreme Court the age of retirement was raised to 58 years. In May 1963, respondent No. 1 reached the age of 58 years and retired fr