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1999 Supreme(MP) 630

C.K.PRASAD
SECRETARY, BOARD OF SECONDARY EDUCATION AND TEACHERS TRAINING – Appellant
Versus
SUNIL KUMARLAL – Respondent


Advocates Appeared:
Dinesh Agrawal, H.N.Vyas, P.C.Chandak, R.K.GUPTA, Shailesh Mishra

C. K. PRASAD, J.

( 1 ) ALL these writ petitions have been directed to be heard together. In all the writ petitions filed under Art. 227 of the Constitution of india, petitioners pray for quashing of the order of the Controlling Authority under the Payment of Gratuity Act, 1972 whereby it has held that the provisions of the Payment of Gratuity Act apply to the petitioners and their employees are entitled to payment of gratuity under the said act.

( 2 ) ALTHOUGH various points have been raised in the writ petitions, but at the time of hearing Mr. Gupta appearing on behalf of the petitioners raises only one point i. e. the petitioners-Society being registered as Society under the M. P. Societies Registration Act, 1973 and not under the M. P. Societies registration Act, 1959, the provisions of the payment of Gratuity Act is not attracted. Hence, petitioners are not liable to make payment of the gratuity amount, nor the respondents are entitled to the same.

( 3 ) IN view of the aforesaid submission, it is inexpedient to give in detail the facts of the case. Petitioners are Societies registered under the M. P. Societies Registration Act, 1973. They run schools in which respondents are em










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