STATE OF KERALA Vs. OMANA S. N.

JUDGEMENT

(1.) This Writ Appeal by the State is directed against the judgment dated 07/12/2016 of the learned Single Judge in W.P.(C) No. 31919 of 2014. As per the judgment appealed against, the learned Single Judge has held that the respondent was a person coming within the ambit of the definition "employee" under S.2(e) of the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act' for short). Accordingly, the learned Single Judge has directed the appellants to pay gratuity to the respondent as calculated under the Kerala Service Rules (KSR for short), but subject to the maximum of Rupees ten lakhs provided by S.4(b) of the Act. The Gratuity is directed to be calculated and paid within a period of two months of the date of receipt of a copy of the judgment.

(2.) The short facts of the case are summarised as under:

(3.) The contentions of the respondent were resisted by the appellants pointing out that the provisions of the Gratuity Act were not applicable to teachers and that, the respondent had been paid the entire amount of gratuity that was due to her as per law. A counter affidavit as well as an additional counter affidavit were filed refuting the claim of the respondent.