PRESIDENT, SANJAY MEMORIAL INSTITUTE OF TECHNOLOGY (SMIT) Vs. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACTDY. LABOUR COMMISSIONER

JUDGEMENT

(1.) The petitioner; being the president of a registered educational society, namely, Sanjay Memorial Institution of Technology (SMIT), Berhampur; has filed this writ application assailing the judgment and order dated 29.06.2018 passed by the Appellate Authority Under the Payment of Gratuity Act and Deputy Labour Commissioner, Jeypore-opposite party no.1 (communicated to the petitioner vide letter dated 30.06.2018) dismissing P.G. Appeal Case No.01 of 2017 and confirming the judgment and order dated 23.02.2013 passed by the Controlling Authority under Payment of Gratuity Act-cum-Assistant Labour Commissioner, Berhampur allowing claim of opposite party no.3-claimant, directing to pay the amount towards gratuity.

(2.) The factual matrix of the case, in hand, is that the opposite party no.3-claimant, vide office order dated 14.10.1983, was appointed by the petitioner as a Welder (Instructor) in the scale of pay of Rs. 300-470.00 per month with usual D.A. and A.D.A. as admissible to the government servants of Odisha. On attaining age of superannuation, opposite party no.3 retired from service. Soon thereafter, he filed a claim petition in Form-N under section 4 of the Payment of Gratuity Act, 1972 (for short "P.G. Act, 1972") before the Controlling Authority under Payment of Gratuity Act-cum-Assistant Labour Commissioner, Berhampur-opposite party no.2 against the petitioner stating inter alia that he was appointed and joined as Welder (Instructor) on 04.10.1983; retired from service on 31.07.2008 on attaining age of 58 years and, therefore, entitled to get a total sum of Rs. 95,380.00 towards gratuity out of which a sum of Rs. 30,000.00 had already been received by him and balance amount of Rs. 65,380.00 with interest was to be paid to opposite party no.3 by the petitioner.

(3.) Mr. V. Narasingh, learned counsel appearing for the petitioner contended that the petitioner-SMIT is a private unaided educational institution and opposite party no.3-claimant is a teaching staff appointed by the managing committee of the said institution. Sec. 1 of the P.G. Act, 1972 lays down the area of operation of the statute. Subsection (3) of Sec. 1 specifies the areas/fields to which the provisions of P.G. Act, 1972 will apply. The said sub-section does not specify educational institutions. Thereby, the petitioner institution does not come within the purview of the P.G. Act, 1972.