PRESIDENT/SECRETARY Vs. SMT. GULAB PANDEY

JUDGEMENT

(1.) Challenge in the present writ petition is to the order dated 11.10.2011 passed by the Appellate Authority, under Payment of Gratuity Act, 1972 and Deputy Labour Commissioner, Raipur (C.G.) in Appeal No. 12/PGA/2011.

(2.) Vide the said impugned order, the Appellate Authority has partly allowed the appeal preferred by the Petitioner. It has confirmed the order of payment of gratuity to the Respondent but at the same time, it has modified the order by reducing the gratuity payable to the Respondent from Rs. 4,08,206/- to Rs. 1,00,000/- and interest on the said amount of Rs. 1,00,000/- totalling Rs. 2,00,000/-.

(3.) The relevant facts are that the husband of the Respondent namely Vidyadhar Pandey was working as a teacher in the Petitioner's establishment. The said Vidyadhar Pandey died in harness on 16.10.1996. It is relevant to mention at this juncture that at the time of death of the deceased employee, the Payment of Gratuity Act was not applicable upon the teacher. It was only made applicable vide the judgment of the Supreme Court passed in case of Ahmedabad Pvt. Primary Teachers Association v. Administrative Officer and Others reported in (2004) 1 SCC 755 bringing teachers within the definition of 'Employee' under the Payment of Gratuity Act. Subsequently, the definition of 'Employee' under the Gratuity Act itself was amended in the year 2009 and the said amendment was brought into force with retrospective effect i.e. 3rd April, 1997.