JUDGMENT

DESAI, J.:— Appellant, an employee of Tata Iron and Steel Company Limited (Company for short has been chasing a mirage : to wit to recover a paltry sum of Rs. 14040/- being the amount of gratuity to which he was entitled for the continuous service rendered by him from December 31, 1929 till August 31, 1959 : under what are styled as Retiring Gratuity Rules, 1937 (Gratuity Rules for short) from the Company and in this wholly unequal fight he laid down his life before enjoying the pittance to which he was entitled after three decades of loyal service. What a dreadful return for abject loyalty? When the appellant retired by resignation from service he was paid his provident fund dues but gratuity which he was entitled to be paid under the relevant rules was not paid to him. When the appellant claimed payment of gratuity, the respondent turned deaf ears to it. Appellant served a notice dated September 6, 1981 calling upon the respondent to pay the amount of gratuity being Rs. 14040/-. The Company did not respond to the notice Thereupon the appellant filed M. S. No, 452 of, 1962 in the court of Subordinate Judge. at Jamshedpur.

2. The respondent appeared and contested the suit i