Srinivasan J.

Whether the provisions of the Payment of Gratuity Act, 1972, hereinafter referred to as the 'Act', are applicable to the petitioner educational institution is the question to be determined by us.The petitioner contends that the Act is not applicable to it because (1) the petitioner is not a factory, mine, oilfield, plantation, port and railway company or a shop or establishment falling within the purview of the Act and (2) the petitioner is a minority institution entitled to the protection under Article 30(1) of the Constitution of India. The prayer in the writ petition is for a declaration that the Act is not applicable to the SIET Women's College run by the SIET Trust.

2. The facts leading to the filling of the writ petition are shortly these : One Smt. Muneera Begum, who was working in the Chemistry Department of the SIET Women's College was electrocuted and she died subsequently. A claim was made by her husband, the first respondent herein, and minor son, the third respondent herein before the Deputy Commissioner of Labour, who was the Additional Commissioner for Workmen's Compensation and it was settled whereupon sum of Rs. 5000/- was paid by the petiti