THAPAR POLYTECHNIC PATIALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition under Article 226/227 of the Constitution of India filed by Thapar Polytechnic, Patiala (hereinafter referred to as 'the Management') seeks issuance of a writ in the nature of certiorari for quashing the order dated May 28, 1997 (Annexure P. 3) passed by the Controlling Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act') and the order dated April 11, 2000 passed by the Appellate Authority under the Act.

(2.) Respondent No. 5-Prem Singh worked as a Peon in the Polytechnic run by the Management for a period of 37 years i.e. from 1957 to March 31, 1995. Upon retirement from service, he was not paid gratuity by the Management. Therefore, he made an application before the Controlling Authority claiming a sum of Rs. 61,384.00. It was pleaded by the Management before the Controlling Authority that the Contributory Provident Fund Scheme was available in the Management. Respondent No. 5 had been paid in accordance with this Scheme. It was further pleaded that the institution is a Government aided institution and receives 95% grant-in-aid. The State Government has not sanctioned the payment of gratuity to private institutions like the Management. The proposal sent by the Management is still pending before the Government. It is not disputed that 80 workers were employed in the Management at the relevant time. After considering the entire evidence, the Controlling Authority came to the conclusion that the "administration" has not produced any strong evidence from which it can be decided that the Act is not applicable to the Institution. In coming to the aforesaid conclusion, the Controlling Authority relied on a decision of this Court in Ajmer Singh v. State of Punjab and others, 1996 (2) SLR 757. In the aforesaid judgment, the Division Bench has held as follows:

(3.) The Controlling Authority accepted the application filed by the employee-respondent No. 5 and directed the Management to pay a sum of Rs. 59,769.25 to him.