BIRALA INSTITUTE OF TECHNOLOGY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BIRLA Institute of Technology is the appellant herein, which is a deemed University under Section 3 of the University Grants Act.

(2.) DR. Kailash Vihari who was working as assistant Professor in the Institute, got superannuated. Thereafter he filed an application before the Controlling Authority under the Payment of Gratuity Act, i. e. , the 3rd respondent, claiming Gratuity. The third respondent by the order dated September 7, 2002 allowed the application. Being aggrieved, the Institute filed an appeal before the commissioner, Labour, Training and employment, Government of Jharkhand, the 2nd respondent, who, in turn, dismissed the same. Thereupon, the Institute filed the writ petition before the learned single Judge, who, in turn, dismissed the same. Hence, this appeal has been filed in the Letters Patent Jurisdiction of this Court.

(3.) THE factual background relating to filing of the present appeal is given hereunder: