GUJARAT AGRICULTURAL UNIVERSITY Vs. LAXMIBEN

JUDGEMENT

(1.) . Heard the learned Advocates for the respective parties.

(2.) In all these petitions, the orders passed by the Controlling Authority under the Payment of Gratuity Act duly confirmed by the Appellate Authority under the Payment of Gratuity Act, 1972 are under challenge.

(3.) The main contention raised by the Gujarat Agriculture University [hereinafter referred to as, 'the University'] is that the University is engaged in the activities of teaching, research and development of agriculture, and therefore, the provisions of Payment of Gratuity Act, 1972 [hereinafter referred to as, 'the Act'] are not applicable to it. Learned Advocate for the petitioner- University pointed out that the University is not engaged in any commercial activity, and therefore, it is not covered under the provisions of Sec. 1(3) of the Act. It is further pointed out that since the University is not a factory or a shop or an establishment, and since it is carrying on activities of teaching, research and development of agriculture alone, the provisions of Act would not be applicable. It was also submitted that the University has its own Rules & Regulations insofar as gratuity is concerned, and therefore, the Payment of Gratuity Act would not be applicable. Learned Advocate further submitted that the Controlling Authority has also not taken into consideration the above contentions raised by the petitioner.