BADDI UNIVERSITY OF EMERGING SCIENCES & TECHNOLOGY Vs. JOINT LABOUR COMMISSIONER-CUM-APPELLATE AUTHORITY AND OTHERS

JUDGEMENT

(1.) This order shall dispose of the above captioned Writ Petitions, which have been preferred by Baddi University - a Private Institute, set up under the Baddi University of Emerging Sciences & Technologies Act, enacted by the State Legislature, challenging the orders dated 17.9.2016 and 2.2.2019, passed by the Controlling Authority under the Payment of Gratuity Act, 1972 as well as Joint Labour Commissioner-cum-Appellate Authority under the said Act, respectively. The Controlling Authority accepted the claim of the respondents-employees, regarding payment of gratuity, whereas the Appellate Authority dismissed the petitioner's - University's appeal against the order of the Controlling Authority.

(2.) Since the facts of all the cases are similar, suffice it would be to refer to the brief facts of the lead case, i.e. CWP No.679 of 2019.

(3.) Respondent Birbal Kumar was appointed as Hostel Warden (Boys) (a non-teaching post) w.e.f. 01.02.2010 and he served as such till he resigned from service on 28.07.2015. The respondent is said to have submitted an application for payment of gratuity, firstly on 24.12.2012 and then again on 21.03.2016, but having failed to receive any payment, he filed a formal claim before the Controlling Authority.