K. Veeraswami, C.J.

This appeal arises from a judgment of Palaniswamy, J. who quashed an order of the Labour Court, Madras, in so far as it related to the second respondent's claim for gratuity. The learned Judge directed the Labour Court to restore his claim to file and make a suitable award in the light of the directions contained in his judgment. The second respondent was appointed on May 9, 1963 as an auditing assistant in the first respondent's company on a monthly salary of Rs. 125. With effect from September 30, 1967 he was retrenched which led to his claiming under S.33C(2) of the Industrial Disputes Act a certain sum which included gratuity at the rate of one month's pay for four years. The claim as to gratuity was disallowed by the Labour Court notwithstanding the fact that an award in I.D. No. 3 of 1968 had provided for gratuity for the employees who would be bound by it. It appears that the award ceased to be operative with effect from February 22, 1962 following the termination notice under S.19(6) of the Act.

2. The question in this case is whether, the second respondent having been employed subsequent to the termination of the award under S. 19(6) he would