THE SUPERINTENDENT, THUTTUDUWA ESTATE, ETHKANDURA et al., Appellant, and NATIONA

098-NLR-NLR-V-73-THE-SUPERINTENDENT-THUTTUDUWA-ESTATE-ETHKANDURA-et-al.-Appellant-and-NATIONA.pdf


ALLES, J.—The Superintendent, Thuttvdvva Estate, Ethkandura v.National Estate Employees' Union
621
1970Present : A lies, J.
THE SUPERINTENDENT, THUTTUDtRVA ESTATE,ETHKANDURA el a!., Appellants, and NATIONAL ESTATEEMPLOYEES’ UNION el at., Respondents
S. C. 2GjG9—L. T. Cases Nos. 4735 and 4736
Industrial Disputes Act (Cap. 131)—Section 3ID (6')—A labourer's employmentunder tiro successive owners oj same estate— Termination oj his services on groundof old age—Gratuity payable by second owner—“ dust and equitable order
When l ho sorirc3 of a labourer who has boon working on an ostoto undertwo surcessivo owners nro torminnted on the ground of old ago, tho gratuitypayable urdor section 31B (6) of tho Industrial Disputes Act by tho rucontowner should be calculated only from the timo when ho bocamo owner of thoestate.
Appeal against an order of a Labour Tribunal.
Bala Nadarajak, for the respondent-appellants.
No appearance for the employee-respondents.
Cur. adv. vult.
June 8, 1970.. Ali.es, J.—
In this case the 2nd respondent, who became the owner of ThuttuduwaEstate in 19C6, has been ordered to pay 1 o two women labourers, w ho weroemployed on the estate since 19-15 and whose services had been terminatedon t lie ground of old age, a sum of Rs. 500 each as gratuity. The learnedPresident has stated that allhough the 2nd respondent became theowner of the estate only recently “it would be wrong to deny any pay-ment to the two employees”. I agree, but if the liability for such paymentis cast entirely on the 2nd respondent who became owner in 19GG it wouldnot be a just and equitable order, particularly ns Section 31B (6) of thoIndustrial Disputes Act provides for the payment of gratuity by thoprevious employer.
Since it is not clear from the President’s order whether tho 2ndrespondent has been ordered to pay gratuities to those two employeesfrom 1915,1 remit tin's case to the Labour Tribunal fora review of thogratuities payable. If the gratuity ordered has been calculated from1915, I direct that the learned President order that the gratuitypayable by the 2nd respondent should be calculated only from I9GG.There will be no costs of this appeal.
– Order varied.