( 1 ) PETITIONER is an Educational Society. First respondent was working with it as Professor. He tendered resignation and approached the 2nd respondent for payment of gratuity. By the impugned order at Annexure-B, dated July 31, 2000 the 2nd respondent ordered payment of gratuity to first respondent. Aggrieved by the same, the petitioners filed appeal before the deputy Labour Commissioner. The Deputy labour Commissioner upheld the order at annexure-B and dismissed the appeal by the impugned order at Annexure-C, dated March 3, 2000. This writ petition is filed by the petitioners seeking to quash both the orders.

( 2 ) THE principal contention of the petitioners is that the Payment of Gratuity Act, 1972 is not applicable to their institution and hence they are not liable to pay the gratuity to first respondent. The contention is wholly untenable in law, in view of the notification at annexure-A, dated April 3, 1997 issued by the central Government. By that notification the central Government specified that the educational institutions in which ten or more persons are employed or were employed on any day preceding 12 months as a class of establishment to which the