HINDU COLLEGE Vs. N.D. MALHOTRA AND ANR.

JUDGEMENT

(1.) DENIAL of gratuity to their retiring teachers by privately managed Government Aided Colleges on the plea that no aid had been extended to then towards their liability on this count was the issue raised in this Letters Patent Appeal, while in the connected writ petitions, these colleges seek a direction to the State Government to grant them aid for payment of gratuity to their employees.

(2.) LIABILITY for payment of gratuity of privately managed Government aided colleges, towards their teachers and employees, under the relevant University Regulations and Ordinances, was never questioned and now further Mr. Hira Lal Sibal Senior Counsel, appearing for the Appellants was constrained to refrain front taking any exception to the learned Single Judge holding suck colleges liable for payment of gratuity to their teachers even in the absence of any grant from the Government to meet such liability. This being founded upon the view expressed by the Supreme Court in Shri Anandi Mukta Sadguru S.M.V.S.J.M.S. Trust v. V.R. Rudani : A.I.R. 1989 S.C. 1607, where it was observed:

(3.) NEXT Counsel sought to press in the provisions of Article 41 of the Constitution, which reads as under: