GH RASOOL (MASTER) Vs. STATE OF J&K

JUDGEMENT

(1.) THE respondent No.4 worked as a teacher on the establishment of Islamia Middle School Nowshera Srinagar till his superannuation. He claimed gratuity from the institution, petitioner herein, but instead of releasing the gratuity, the case was referred by the petitioner to the Government, the Government refused to pay the gratuity, therefore the petitioner chose to turn down the claim of respondent No.4. Refusal by the petitioner constrained the respondent No.4 to invoke the remedy under payment of gratuity Act before the controlling authority constituted under the said Act and the said authority accepted the application of respondent No.4 by its order dated 29 -7 -1995 and directed the petitioner to deposit the decretal amount within fifteen days. This order is impugned before the court through the medium of this writ petition on several grounds and during the course of arguments learned counsel for the petitioner chose to confine the challenge on two fold grounds, one relates to SRO 740 and it is canvassed that the petitioner -institution does not fall within the ambit of SRO 740 and in the alternative it is contended that it is the Government which is liable to pay the gratuity and not the petitioner -institution.

(2.) BEFORE dilating upon me arguments of the learned counsel for the petitioner it is relevant to note that parties have not joined issue in respect of factual aspects of the matter and it is admitted case of the parties that the respondent No.4 has served petitioner -institution in the capacity of a teacher till he superannuated. The petitioner institution has accepted in unambiguous terms that it receives grant -in -aid from the Government.

(3.) NOW coming to the contention of learned counsel for the petitioner that petitioner institution does not fall within the ambit of SRO 740 of 1978. In this behalf it is relevant to mention that a similar argument was advanced .before the court in writ petition titled Principal S. D. Knya Vidhayalla Jullaka Mohalla Jammu versus Authority under the payment of Gratuity Act and another, this argument was dealt with by the court in detail and a finding came to be returned that SRO 740 is applicable to all such private educational institutions which satisfy the conditions prescribed by the Act. It needs a mention that fulfilment of conditions by the petitioner -institution envisaged under the gratuity Act is not in dispute. Viewed thus the judgment supra squarely applies to the case in hand, obviously the argument is not tenable.