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RAJA BASU CHOWDHURY
Central Model School, Barrackpore – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Raja Basu Chowdhury, J. - The principal question for consideration in this writ application is whether the respondent no. 6 (herein after referred to as the private respondent), who had been engaged as an Assistant Teacher in the Central Model School, Barrackpore, upon her superannuation on 31st July, 2019, can maintain her claim for gratuity in terms of the provisions contained in The Payment of Gratuity Act, 1972 (hereinafter referred to as the said Act).
2. The writ petitioner no.1 is a reputed English Medium School, affiliated with the Central Board of Secondary Education (CBSE). Admittedly, the private respondent joined the school on 19th June, 2012 as an assistant teacher and was superannuated from service on 31st July, 2019. On superannuation, the private respondent applied in Form-'I', on 12th December, 2019, to the petitioner no.1 for disbursal of her gratuity claim as per the provisions of the said Act. Since the writ petitioners did not disburse the gratuity, the private respondent filed an application in Form-'N' with the Controlling Authority under the said Act. The writ petitioners did not contest such proceedings. By an order dated 18th February, 2021, the Con
The main legal point established in the judgment is that the teacher was entitled to claim gratuity under The Payment of Gratuity Act, 1972, and the Repealing Act did not affect her right to do so.
Teachers who were in service as on 3rd April, 1997 and had rendered service of not less than 5 years were entitled to gratuity, even if they had retired or terminated their services prior to the amen....
(1) Amendment to Section 2(e) and insertion of Section 13A to Payment of Gratuity Act, 1972, with retrospective effect from 3rd April 1997 vide Payment of Gratuity (Amendment) Act, cannot be categori....
The State of Chhattisgarh is not the employer of teachers in private aided educational institutions, and the liability for gratuity payments lies with the institutions, not the State.
Teachers in basic institutions governed by state rules are not considered employees under the Gratuity Act, denying them gratuity benefits.
Gratuity under the Payment of Gratuity Act, 1972 must include entire continuous service, including stop-gap employment, unless exempted by the appropriate Government.
The main legal point established in the judgment is that the payment of gratuity for teachers in the Basic Education Department is governed by specific Government Orders, and petitioners must plead f....
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