AGARWAL SHIKSHA SAMITI Vs. MOTI CHAND JAIN

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) ALL these appeals arise from a common order of learned Single judge whereby, the appellant Samiti was directed to make payment of gratuity to the respondents alone with interest. The order does not call for interference in view of the ratio indicated in Children garden Play School Education Society v. Raj nan Government Educational Institutions tribunal and Others (2008) 3 WLC (Raj) 147 wherein, the Division Bench of this Court held that non-government educational institutions are bound lo pay gratuity to the employees worked with them since gratuity is a benefit arising from past service and meant for relief and assistance after retirement or cessation of employment.

(3.) INSOFAR as awarding interest is concerned, we are of the opinion that argument in this regard ought to have been advanced before the learned Single Judge. In the special appeal the submission which was not advanced before the learned Single Judge, cannot be entertained.