Prakash Krishna, J. - (1.) THE Petitioner who was employed as attendant with effect from 5th November, 1981 and worked for 18 years, his services have come to an end with effect from 6th May, 1999, has claimed that he is entitled for payment of gratuity under the Payment of Gratuity Act, 1972. In this regard, a claim petition was filed before the Controlling Authority (Deputy Labour Commissioner) which was registered as P.G. Case No. 136 -A of 1999. In response, the employer M/s Jawahar Lal Rohtagi Smarak Netra Chikitsalaya (the Hospital) in its objection submitted that the provisions of the Payment of Gratuity Act are not applicable as the Hospital is a charitable institution. The other relevant facts were not disputed. The Petitioner, in rejoinder affidavit denied the allegation that the employer is a charitable institution.
(2.) THE said authority by the order dated 17th May, accepted the claim of the Petitioner by holding that by its earlier order dated 2nd August, 2001, it was found that the provisions of Payment of Gratuity Act are applicable to the establishment in question. He therefore calculated the gratuity amount and found that a sum of Rs. 17,799.00 is payable to the Petitioner along with 10% simple interest per annum. The matter was carried in appeal before the appellate authority being P.G. Appeal No. 65 of 2002. The said appeal vide impugned order dated 13th June, 2003 has been allowed on the short point that the Respondent -employer is not a commercial establishment.
(3.) HEARD Shri Ms. Sumati Rani Gupta, learned Counsel for the Petitioner and Shri C.B. Gupta, learned Counsel for the Respondent.;