Indian Kanoon - Search engine for Indian Law

32. Shri Ajay Vohra, the learned counsel for the assessed, challenged the order of the Commissioner (Appeals) and submitted that the services of the staff'in this case were terminated on 30-12-1977, by giving them two months statutory notice as required under the Industrial Disputes, Act, 1947. The staff was informed not to attend the office with effect from 30-12-1977, and was requested to collect all dues payable on termination of their'services. The services of the staff were terminated as per the terms agreed with the workers union.. The general terms of the separation plan were as follows "All workmen will be paid compensation under the Industrial Disputes Act, 1947, @ 15 days salary for every year of service (service of six months and above will be considered as one year). All employees will be entitled to two months notice or salary including H.C.L.A. and H.R.A. in lieu thereof. All employees covered under the union agreement dated 10-11-1972, will be paid an ex gratia payment of one month's salary (including H.C.L.A. and H.R.A.). All workmen will be paid gratuity as per the provisions of Payment of Gratuity Act, 1972, or as per the company's gratuity plan. Payment of leave travel assistance for the year 1977, if not availed, and salary in lieu of annual leave not yet availed for 1977, will be included in the final payment. Reimbursement of medical expenses will be allowed as per company's existing medical assistance programme up to 31-8-1978. However, all coverage under this plan will stop from 1-9-1978. Bonus as applicable will be paid up to the dated termination along with final payment. All benefits under the Coca-Cola Export Corporation, India Branch Pension Plan will be met in accordance with the plan. Balance in the Coca-Cola. Export Corporation Employees Provident Fund will continue to be governed by the current rules of the fund. Taxes, as applicable, will be deducted from the payment as required under the law."