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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
JUSTICE ANOOP KUMAR DHAND, J
Managing Committee, Shri Mahaveer Sr. Secondary School, Bhilwara – Appellant
Versus
Kailash Chand Jat S/o. Shri Heera Lal Jat – Respondent
| Table of Content |
|---|
| 1. petitioner challenges tribunal's order (Para 1) |
| 2. petitioner's counsel argues (Para 3 , 4) |
| 3. respondents' counsel counters (Para 5 , 6 , 7 , 8 , 9) |
| 4. court reviews applicable rules (Para 10 , 11) |
| 5. court's interpretation of rules (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 6. court's directive to petitioner (Para 27 , 28 , 29) |
ORDER :
ANOOP KUMAR DHAND, J.
1. Since common questions of facts and law are involved in all these writ petitions, hence, with the consent of counsel for the parties, these matters are taken up together for final disposal and are being decided by this common order.
2. For the sake of convenience, the prayer mentioned in SB Civil Writ Petition No.22528/2017 has been taken into consideration, which reads as under:-
“It is therefore humbly prayed that this Hon’ble Court be pleased to call for the relevant record from the Tribunal, examine the same and quash and set aside the judgment and award arrived at vide Annexure-1.
Any other relief which this Hon’ble Court may deem just and proper in the facts and circumstances of the case as also in the interest of justice be also passed in favour of the petitioner.
Cost of t
The court held that the petitioner-institution is liable to pay gratuity and leave encashment to respondent-employees for their service period, as per the applicable rules and acts.
Salary – Leave encashment is part of salary – In present case, management establishment was recipient of 70% aid, in form of grant – State cannot shrug its responsibility to shoulder its part of resp....
Staff of 95% grant-in-aid colleges deemed akin to government employees for retiral benefits like gratuity and enhanced leave encashment; state bears 95% liability per precedents.
The main legal point established in the judgment is the entitlement of teachers in privately managed colleges to gratuity and leave encashment, with the financial liabilities to be borne by the priva....
Employees of aided educational institutions are entitled to gratuity for their entire service period, as per the applicable rules and acts.
The relationship of employer and employee cannot change due to external funding, and liability for gratuity under the Gratuity Act remains with the employer. The court's order for enforcement of the ....
Voluntary retirement constitutes an option for gratuity eligibility, regardless of not opting to retire at the age of 60.
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