NATH MAL SHARMA Vs. RAJASTHAN NON

JUDGEMENT

(1.) Petitioner has challenged the order dated 03.11.2000 passed by the Tribunal rejecting the application submitted by the petitioner under Sec. of the Rajasthan, Non-Government Educational Institutions Act, 1989 only on the ground of limitation. In the application the petitioner had claimed Gratuity, arrears of selection scale as also leave encashment. All such benefits accrue only after retirement of an employee. It is always duty of the employer to make the entire payment of retiral benefits to the employee. The benefits 5 cannot be denied only on the ground that no such claim was made by the employee within a specified period. The amount of benefit accruing to an employee after his retirement can only be treated as a deposit with the employer. In absence of any provision in regard to limitation under the provisions of the Act of 1989, since the same is a beneficial piece of 11 legislation, in the interest of employees of the Non-Government Educational Institutions, the Tribunal ought not to have taken such hyper technical objections so as to reject the legal claim of the petitioner.

(2.) Having considered entire facts and circumstances, without making any observations on merits at this stage, the impugned order dated 03.11.2000 as uu also the order dated 27.03.2001 passed by the Tribunal cannot be sustained in the eyes of law.

(3.) Accordingly, the writ petition is allowed. Both the above impugned orders are quashed and set aside and the matter is remanded back to the Tribunal to decide the application of the petitioner afresh on merits after 2 giving opportunity of hearing to both the parties. Since the main contesting parties are duly represented through counsel, they may now appear before the Tribunal on 22.10.2007 to take a date for further proceedings. Writ Petition Allowed - Impugned Order Quashed.