VINITA SINGH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The present petition has been filed three persons / petitioners with the following prayers:

(2.) The case of the petitioners is that they have been working as PGT/TGT in the respondent No.3 / School on a regular basis. On March 28, 2013 respondent No.2 Department of Education issued notification extending the applicability of provisions of Employees Provident Funds and Miscellaneous Provisions Act, 1952 to the private schools in Delhi. Similar notifications have been issued in respect of other beneficial legislations like Payment of Gratuity Act, 1972. Pursuant to the recommendations of the 7th Central Pay Commission, ('7th CPC', for short), Directorate of Education ('DoE' for short) issued a notification on October 17, 2017 whereby all the private recognised schools were asked to implement the same. The grievance of the petitioners is two-fold that, respondent No.3 School has not given them salaries / benefits in terms of the recommendations of the 7th CPC. That apart, they are neither providing salary slips, nor paying salary through account transfer nor are they providing appointment letters. Further the benefits like General Provident Fund ('GPF', for short), Employees Service Insurance Scheme ('ESI', for short) and payment of gratuity is not being given to the teachers of the respondent No.3 School.

(3.) Mr. Sudhir Nagar, learned counsel appearing for the petitioners would reiterate the stand as taken by the petitioners in the writ petition. He also relied upon the Judgment as rendered by this Court from time to time being Vardhaman Shiksha Mandir Senior Secondary School and Anr. v. Govt. of NCT of Delhi and Ors. 2017 SCC OnLine Del 6656. According to him, the notifications issued by the DoE with regard to the provident fund and payment of gratuity needs to be adhered to by the respondent No.3. He seeks the prayers as made in the writ petition.