JAWAHAR SINGH Vs. SECRETARY CHHATTISGARH SIKSHANSAMITI

JUDGEMENT

(1.) THE present petition filed by the Petitioner under Articles 226/227 of the Constitution of India seeks a writ in the nature of certiorari against the order dated 31.3.1997, passed by the appellate authority i.e. Deputy Labour Commissioner, Chhattisgarh Region, Raipur, under the Payment of Gratuity Act, 1972 (for short the Act, 1972), in Appeal Case No. 16/P.G.A./96.

(2.) THE admitted facts in nutshell are that the Petitioner was employed as Teacher in the Respondent No. 2 School run by the Respondent No. 1 Society. Admittedly, the said school was fully govt. aided institution. The Petitioner retired from service on 15th May, 198 on attaining the age of superannuation. Thereafter, the Petitioner was granted extension for a period of one year.

(3.) BEING aggrieved, the Respondents have filed an appeal under Section 7(7) of the Act, 1972 being Appeal Case No. 16/PGA/96 before the appellate authority i.e. Deputy Labour Commissioner, Chhattisgarh Region, Raipur. The learned authority by his order dated 31.3.1997 (Annexure P/7) allowed the appeal of the Respondents holding that in view of the decision of the Supreme Court in Miss A. Sundarambal v. Govt. of Goa Daman and Diu and Ors. : AIR 1988 SC 1700 wherein it was held that 'teacher' is not an 'employee' under the provisions of the Act 1972, the Petitioner, herein, being a teacher, is not entitled to gratuity under the Act, 1972.