CHILDRENS GARDEN PLAY SCHOOL EDUCATION SOCIETY Vs. RAJ NON-GOVERNMENT EDUCATIONAL INSTITUTIONS TRIBUNAL

JUDGEMENT

(1.) SMT. Kumud Singh, (abbreviated as `teacher' from herein) filed an application under Section 21 of the Rajasthan Non Government Educational Institutions Act, 1989 (abbreviated as `1989 Act' from herein) before the Rajasthan Non Government Educational Institutions Tribunal Jaipur (abbreviated as `tribunal' from herein) claiming balance of salary, Provided Fund, Gratuity and Leave Encashment from Children's Garden Play School Education Society (abbreviated as `institution' from herein ). The Tribunal vide order dated August 28, 1997 allowed the application of Teacher. The Institution filed with petition against the said order in the High Court but learned Single Judge did not interfere with the order and dismissed the writ petition on September 8, 1998. In this Special Appeal, afore quoted orders have been assailed by the Institution.

(2.) THE only contention raised on behalf of the Institution was that since the Institution was not receiving any aid from the Government, provisions of 1989 Act and the Rajasthan Non Government Educational Institutions (Recognition, Grant-in-Aid and Service Conditions) Rules, 1993 (abbreviated as `1993 Rules' from herein) were not applicable to it. It was canvassed that according to Rule 82 of 1993 Rules only the employees of aided institutions are entitled to get the gratuity. Reliance is placed on Rajasthan Welfare Society vs. State of Rajasthan (2005) 5 SCC 275 = RLW 2005 (2) SC 219, Ahmedabad Pvt. Primary Teachers' Association vs. Administrative Officer (2004) 1 SCC 755, State of Rajasthan vs. Sr. Secondary School Laxmangarh 2005 (1) WLC (SC) (Civil) 301, Nathi Devi vs. Radha Devi 2005 (1) WLC (SC) (Civil) 3271 and Raghunath Raj vs. PNB 2007 (1) WLC (SC) (Civil) 668.