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2020 Supreme(Chh) 236

GOUTAM BHADURI
AMBIKA MISSION BOYS MIDDLE SCHOOL, AMBIKAPUR – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Advocates Appeared:
Manoj Paranjpe, Advocate, K. Rohan, Advocate, Sachin Singh Rajput, Advocate, Anoop Majumdar, Advocate, Abhyuday Singh, Advocate, Abhishek Pandey, Advocate, I. Lakra, Advocate, Alok Bakshi, Advocate, Akanksha Jain, Advocate, N.K. Vyas, Advocate, Sishir Dixit, Advocate, Ashish Beck, Advocate

JUDGMENT

Goutam Bhaduri, J. - The common challenge made in the entire batch of petitions is to the order dated 07.06.2013 passed by the Special Officer, Finance Department, Chhattisgarh wherein a cut off date has been fixed as 01.04.2013 for payment of gratuity to the persons who retired after 01.04.2013. These petitions are by the aided institutions. Since the question of law and facts raised in all the petitions are similar, they are decided by this common judgment/order.

2. The teachers of the grant-in-aided schools, who retired prior to 01.04.2013 filed the applications before the Controlling Authority under the Payment of Gratuity Act (hereinafter referred to as "the Act, 1972"). The Controlling Authority on such application ordered for payment of gratuity to the Institution which having been challenged in the appeal u/s 7 of the Act, the same was affirmed. The petitioners, therefore, primarily challenged their liability to pay the gratuity on the ground that they are 100% aided educational institutions, they are not required to pay the gratuity as the teachers were under the control of the State and further challenge is that the order of the State dt. 01.04.2013 inter-alia mak

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