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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARSIMRAN SINGH SETHI
Ramgarhia Polytechnic College – Appellant
Versus
Educational Tribunal, Punjab – Respondent
JUDGMENT :
Harsimran Singh Sethi, J. (Oral)
In the present bunch of petitions, the challenge is to the order passed by the Educational Tribunal, Punjab dated 08.01.2024 (Annexure P-12) whereby, a direction has been given to the petitioner-Institute to pay the leave encashment as well as gratuity and the arrears of salary admissible to the respondent-employee(s).
2. Learned counsel for the petitioner-Institute argues that firstly the jurisdiction of the Educational Tribunal to pass an order with regard to the Polytechnic College though aided, is to be ascertained as to whether the Punjab Affiliated Colleges (Security of Service of Employees ) Act, 1974 ( in short '1974 Act') will be applicable in the facts and circumstances of the present case or not.
3. Further argument being raised by the learned counsel for the petitioner-Institute is that even if, the jurisdiction exists with the Tribunal to pass order in the present case, no direction could have been given to pay the gratuity as the same was beyond the jurisdiction of the Tribunal, keeping in view the judgment of the Division bench of this Court in C.R. No.4315-2012, titled as, Management of S.D. Model Senior Secondary School and a
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 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.
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....
The court affirmed that under the Grant-in-Aid Scheme, the State is liable for the payment of retiral benefits to employees, and the appellant cannot shift this burden due to its litigation conduct.
The main legal point established in the judgment is that the respondent no.1-petitioner, being an employee of an Associated College of Lucknow University, is entitled to the benefit of leave encashme....
Non-compliance with court orders constitutes contempt and undermines judicial authority, necessitating strict adherence to legal obligations.
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