TERNA POLYTECHNIC Vs. RAVI BHADRAPPA RANDALE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of learned counsel for the parties, Writ Petitions are taken up for final hearing and disposal.

(2.) These four Petitions raise the issue of entitlement of Respondent to gratuity for services rendered by him with the Petitioners. There is no dispute to the position that Respondent is entitled to gratuity for services rendered with Petitioners. The dispute is about the exact amount of gratuity payable to him. He has rendered two tranches of service, under Terna Polytechnic and Terna Engineering College. The Controlling and Appellate Authorities under The Payment of Gratuity Act, 1972 (Gratuity Act) have directed payment of two separate amounts of gratuity by Terna Polytechnic and Terna Engineering College. The grievance of the Petitioners is with regard to the quantification of gratuity of Respondent by taking into consideration the last pay drawn by him at the time of resignation on 21/7/2011 for determining his entitlement of gratuity in respect of services rendered by him in Terna Polytechnic during 17/9/1992 to 30/6/2004. It is the contention of Petitioners that the last pay drawn by Respondent in Terna Polytechnic as on 30/6/2004 is required to be taken into consideration for quantification of gratuity payable to him in respect of services with Terna Polytechnic. This is the broad challenge in the present Petitions.

(3.) For a better understanding of the exact dispute between parties, it would be necessary to give some factual background. Terna Public Charitable Trust owns and manages various Educational Institutions. It claims to have established two independent and distinct institutions namely Terna Polytechnic and Terna Engineering College at Navi Mumbai. According to the Petitioners the Educational Institutes are separate legal entities registered distinctly with the Education Department and having separate administration, financial control, manpower, and premises. That the two institutes impart education in different fields.