- (1.) Supplementary affidavit filed today is taken on record. The petitioner institution is assailing the order dated 20 July, 2015 passed in P.G. Appeal No. 01/2015 and in P.G. (Cross) Appeal No. 02/2015 passed by the first respondent Appellate Authority/Deputy Labour Commissioner under the Payment of Gratuity Act, 1972. The petitioner is an Intermediate College being administered by the second petitioner "Gyandeep Vidya Society" registered under the Societies Registration Act, 1886. The third respondent was appointed Teacher vide contract dated 1 July, 1976. She retired from service on attaining the age of superannuation on 31 March, 2003.
(2.) The submission of the learned Senior counsel for the petitioner is that against the order of the Controlling Authority, two separate appeals were preferred, one by the petitioner being P.G. Appeal No. 1/2015 and the other being P.G. Appeal No. 2/2015 filed by the third respondent. Both the appeals were heard together. It is contended that the appeal of the third respondent has been decided on merits but the contentions raised in the memo of appeal by the petitioner institution has not been considered nor noticed by the Appellate Authority. The main grievance of the petitioner is that the teachers were brought under the ambit of the Act 1972 by Payment of Gratuity (Amendment) Act, 2009, (No. 47of 2009), as per Section 13A, the teachers were entitled to gratuity with effect from 3 April, 1997 which is a sync with the Government of India notification referred to in Section 13A, which reads as follows: "13A Notwithstanding anything contained in any judgment, decree or order of any court for the period commencing on and from the 3rd of April 1997 and ending on the day on which the Payment of Gratuity (Amendment) Act, 2009, receives the assent of the President, the gratuity shall be payable to an employee in pursuance of the notification of the Government of India in the Ministry of Labour and Employment vide number S.O. 1080, dated the 3rd day of April, 1997 and the said notification shall be valid and shall be deemed always to have been valid as if the Payment of Gratuity (Amendment) Act, 2009 had been in force at all material times and the gratuity shall be payable accordingly."
(3.) The Government of India notification referred to in Section 13A, reads as follows: "In exercise of the powers conferred by clause (c) of sub -section (3) of Section 1 of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies the educational institutions in which ten or more persons are employed or were employed on any day preceding 12 months as a class of establishments to which the said Act shall apply with effect from the date of publication of this notification. Provided that nothing contained in this notification shall affect the operation of the notification of the Ministry of Labour, S.O. No. 239, dated 8th January, 1982." ;