VED PRAKASH PATHAK NIRALA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed challenging, inter alia, the order passed by the Joint Commissioner of Labour dated July 3, 1989 in G.A. Appeal No. 2/G.A.-1032 of 1988. The said appellate authority has been pleased to set aside the order dated April 25, 1988 passed by the Controlling Authority under the Payment of Gratuity Act.

(2.) The factual aspect of the case is stated hereinbelow: The petitioner Ved Prakash Pathak Nirala filed this application under the Payment of Gratuity Act for payment of gratuity amounting to Rs. 14215-33 paise on the basis of his continuous service from January 1, 1963 till January 1, 1985 as an employee of the School, namely, Shri Hanuman Madhya Vidhayalaya, Motihari (hereinafter referred to as the said School). The petitioner's case is that he submitted application under Rule 7(1) of the Rules framed under the Payment of Gratuity Act and demanded payment of gratuity, but no attention has been given by the authorities to determine the gratuity or for payment of the same.

(3.) On such application a show cause was filed on behalf of the School authorities, and in the said show cause the case of the school authorities was that the School was managed by a separate Managing Committee, and the payment of salary, and service conditions were all regulated by the rules framed by the Managing Committee. The school had its own provident fund scheme managed by its own Committee and it was a separate establishment which was in no way connected with the Sugar Factory. It has also been stated that the writ petitioner is an employee of the School and not of the Sugar Factory. The said School was run by the Committee on philanthropic and Missionary motive to impart education to the children in general. No tuition fee was charged, and the school was not run on any profit basis.