CENTRAL MODEL SCHOOL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The principal question for consideration in this writ application is whether the respondent no. 6 (herein after referred to as the private respondent), who had been engaged as an Assistant Teacher in the Central Model School, Barrackpore, upon her superannuation on 31/7/2019, can maintain her claim for gratuity in terms of the provisions contained in The Payment of Gratuity Act, 1972 (hereinafter referred to as the said Act).

(2.) The writ petitioner no.1 is a reputed English Medium School, affiliated with the Central Board of Secondary Education (CBSE). Admittedly, the private respondent joined the school on 19/6/2012 as an assistant teacher and was superannuated from service on 31/7/2019. On superannuation, the private respondent applied in Form-"I', on 12/12/2019, to the petitioner no.1 for disbursal of her gratuity claim as per the provisions of the said Act. Since the writ petitioners did not disburse the gratuity, the private respondent filed an application in Form-"N' with the Controlling Authority under the said Act. The writ petitioners did not contest such proceedings. By an order dtd. 18/2/2021, the Controlling Authority determined the amount of gratuity payable to the private respondent. A notice in "Form-R' was issued by the Controlling Authority, calling upon the writ petitioner no.1 to make payment of gratuity, to the private respondent. The writ petitioner no.1 instead of making payment of gratuity to the private respondent, deposited gratuity as determined, with the Controlling Authority and preferred an appeal which was registered as Case No. G-A-2 of 2021.

(3.) One of the contentions urged by the writ petitioners before the Appellate Authority was that the private respondent did not qualify, for being entitled to gratuity. The private respondent was a teacher, she does not come within the meaning of "employee", as defined in Sec. 2(e) of the said Act. Consequentially neither she is entitled to claim gratuity, nor can she maintain her claim before the controlling authority, for the controlling authority to determine the amount of gratuity payable to her. The Appellate Authority, however, by its order dtd. 16/6/2022 refused to interfere with the order passed by the Controlling authority and dismissed the appeal.