SHAIL BEHARWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioners in these writ petitions served as Teacher in different privately managed Government Aided Degree/Post Graduate Colleges and retired from service before the year 2005. However, WPSS No. 2879 of 2017 has been filed by D.A.V. (P.G.) College, Dehradun through its Principal challenging the order dtd. 30/8/2017 in Case No. P.G.A.-31 of 2012, 'Satya Narayan Sachan vs. State and oanother'. In all these petitions orders passed by Controlling Authority under Payment of Gratuity Act, 1972 (hereinafter referred to as the "Act") have been challenged, whereby liability to pay gratuity and interest to the Teachers has been fastened upon the concerned Institutions.

(2.) Since common questions of fact and law are involved in these petitions, therefore, all these petitions are clubbed together and are being heard and decided by a common judgment. However, for the sake of clarity, facts of WPSS No. 3415 of 2018 are being considered.

(3.) Ms. Shail Beharwal (petitioner in WPSS No. 3415 of 2018) was appointed as Teacher in D.W.T. College, Dehradun w.e.f. 15/8/1967 and after completing age of superannuation, she retired on 30/6/2002. She filed an application under Sec. 7 of Payment of Gratuity Act, 1972, claiming gratuity on the strength of Amendment Act No. 47 of 2009, whereby definition of expression "employee" under Sec. 2(e) of the Act was amended.