AJMER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RELEASE of gratuity in favour of the petitioners who are admitted to have been retired from the service of the private respondents, is the main prayer in Civil Writ Petition Nos. 3464, 3465, 10677, 12681 to 12684, 15121, 16055 and 17725 to 17726 of 1995. Some of the petitioners have also prayed for the release of leave encashment and house rent allowance as well. A prayer has also been made for the payment of the amount rent allowance alongwith interest at the rate of 18 percent per annum. As identical question of law on admitted facts are involved in all these writ petitions, the same are being disposed of by a common judgment.

(2.) THE petitioners were the employees of the private educational institutions and as they were not granted the terminal benefits such as gratuity, leave encashment and house rent allowance have preferred writ petitions for the grant of appropriate relief. It is submitted that the respondent-employers were liable to pay the amount of gratuity under the Payment of Gratuity Act, 1972, Rules of the Punjab Government and of the Punjab University. The petitioners have further submitted that they have been regularly contributing towards the provident fund and that the respondents were not justified in refusing to grant the relief as prayed for in these writ petitions. It is further contended that despite the law being very specific and requests made from time to time the respondents have illegally withheld the payment of the aforesaid amount which left the petitioners with no option but to approach this Court for the grant of appropriate relief.

(3.) WE have heard the learned counsel for the parties at length and perused the relevant provisions of law.