INDU KAUSHAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Petitioner served as a teacher in St. Edward School, Shimla from 1.3.1977 to 31.12.2005 after rendering 28 years and 10 months of service. Her grievance is that she has been paid gratuity by taking her qualifying service to be only 17 years and, therefore, prayed that the school be directed to pay the balance amount of gratuity alongwith interest.

(2.) IT would be pertinent to mention that gratuity amounting to Rs. 68,850/ - was paid to the Petitioner. The Petitioner represented to the school that since she had rendered almost 29 years of service, her entire service should have been taken into consideration and not only service of 17 years. The school did not favourably respond to her request and thereafter the Petitioner made a complaint to the Labour -cum -Conciliation Officer, Shimla and thereafter the said Officer exercising powers of the Controlling Authority under the payment of Gratuity Act, 1972 directed that a sum of 16/5/2014 Page 14 Hem Raj Versus State Of Himachal Pradesh Rs. 66,669/ - alongwith interest @ 9% per annum from the date of application be paid by the school to the Petitioner.

(3.) THE question, whether a teacher is an employee within the meaning of Section 2(e) of the payment of Gratuity Act, 1972 is no longer res integra.