JUDGMENT - SIRPURKAR V.S., J.:---The Principal of a college as also the President of the educational institution have approached this Court challenging the orders passed by the Labour Court, Akola as also the concurring order passed by Appellate Authority, at Nagpur. By these two orders the courts below allowed the application filed by the respondent for the payment of gratuity. The claim of the employee originally as it stood was that he was entitled to be paid the gratuity in the light of the provisions of the Payment of Gratuity Act, 1972 (hereinafter to be referred to as "the Gratuity Act").

2. The application was opposed by the petitioners on number of grounds. Firstly, it was contended that the college or the institution was not an 'industry' and, therefore, there was no question of the application of the Gratuity Act. Secondly, it was stated that even if it was an industry, the salary of the concerned applicant was more than the prescribed limits and, therefore, the petitioners were not liable to pay the gratuity as prayed for. It was submitted further by the petitioners in defendant that the college was affiliated to Nagpur University, Nagpur and, therefore, the college and

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