NATIONAL BAL BHAWAN Vs. VANDANA

JUDGEMENT

(1.) The instant seven (07) writ petitions have come to be preferred by the petitioner-National Bal Bhawan assailing the order dated 11.02.2019 passed by the Assistant Labour Commissioner (Central), Delhi, whereby, the petitioners have been granted gratuity of Rs.2,21,538/-, Rs.1,84,038/-, Rs.8,827/-, Rs.2,35,386/-, Rs.1,90,385/-, Rs.2,28,462/- and Rs.2,35,385/- respectively, along with simple interest @ 10% p.a. as provided for under Section 7 (3A) of the Payment of Gratuity Act, 1972 in short, 'the Act, 1972'.

(2.) In view of the fact that a common question of law as regards the applicability of the Act, 1972 is agitated, all the petitions are taken up for hearing together.

(3.) In the submissions of Mr. Rajappa, ld. counsel for the petitioner, the petitioner is entirely funded by the Ministry of Human Resource and Development and therefore, it falls within the definition of State as enshrined under Article 12 of the Constitution. It is thus contended that the respondents are deemed to hold a post under the Central Government and thereby, excluded from the category of the employees to whom the Act, 1972 applies. The thrust of his submissions is founded on the definition of employee as provided for under Sub-Section (e) of Section 2 of the Act, 1972.