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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 :
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.
“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.
Cost of this writ petition so also before the Tribunal be also allowed in favour of the petitioner.”
4. Lastly, he argued that as per the provisions contained under Section 21 of the Act of 1989, whenever there is a dispute between the management and its employees with respect to any service condition, an application can be submitted in the “prescribed manner” to the
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....
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 ....
The main legal point established in the judgment is that the Payment of Gratuity Act, 1972 applies to all employees, including daily wage employees, and entitles them to gratuity for their entire ser....
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