2004 Supreme(Raj) 1418
RAJASTHAN HIGH COURT
S.K.Keshote, J.
Management Committee, Shri Gandhi Senior Secondary School, Gulabpura - Appellant
Versus
Ranga Lal Babel - Respondent
Civil Writ Petn. No. 444 of 2004 with Civil Misc. Stay Appl. No. 413 of 2004.
Decided On : 25-03-2004
Subject
Employment Law - Gratuity
Act Referred
RAJASTHAN NON-GOVERNMENT EDUCATIONAL INSTITUTIONS ACT : S.43
RAJASTHAN NON-GOVERNMENT EDUCATIONAL INSTITUTIONS RECOGNITION, GRANT-IN-AID AND SERVICE CONDITIONS ETC. RULES : R.18(2)
Headnote
Payment of Gratuity Act, 1972, Section 4 - Rajasthan Non- Government Educational Institution Act (19 of 1992), Section 43 - Rajasthan Non-Government Educational Institution (Recognition, Grant-in-aid and Service, Conditions etc.) Rules, 1993, Rule 18(2) Held payment of gratuity to employees is primary duty of employer- its non payment is violation of Rule 18(2) of Rules.
For the Petitioner:Prahlad Singh, Advocate.
For the Respondent No. 1:V.S. Nain, Advocate.
"i) This writ petition may kindly be allowed and by an appropriate writ, order or direction the order of the Rajasthan Non-Government Educational Institutions Tribunal dated 29.7.2003 may kindly be declared to be illegal and the same may be quashed and set aside and the Application filed by the respondent No. 1 before the learned Tribunal may kindly be dismissed with costs;
ii) By further appropriate writ, order or direction the respondent Nos. 3 and 4 may be directed to sanction and pay grant-in-aid against the amount of Gratuity to the petitioner institution atleast to the extent of 90% i.e., at the rate at which the grant-in-aid is paid for the salary of the employees with interest as ordered by the respondent No. 2;
iii) By further appropriate writ, order or direction rule 82 of the Rajasthan Non-Government Educational Institutions (Recognition, Grant-in-aid and Service Conditions Etc.) Rules, 1993 may kindly be declared to be ultra vires and be struck down;
iv) Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may also kindly be issued in favour of the petitioner;
v) The cost of this writ petition may also kindly be awarded in favour of the petitioner."