- (1.) Instant petition is directed against order dt. 17.8.2009 passed by Rajasthan Non-Government Educational Institutions Tribunal ("Tribunal") disposing of application filed by respondent-employee holding that the applicant is entitled for payment of gratuity & leave encashment in terms of R.82 of Rajasthan Non-Govt. Educational Institutions (Recognition, Grant-in-aid & Service Conditions etc.) Rules, 1993 ("Rules, 1993"), alongwith interest @ 7% per annum from the date it became due till payment.
(2.) Facts relevant for adjudication are that respondent-2 was initially appointed as Lecturer (Political Science) on 01.9.1955 and retired from service on attaining age of superannuation w.e.f. 31.12.1995. However, after his retirement when his retiral dues were not paid in full, to which he was entitled for under Rajasthan Non-Government Educational Institutions Act, 1989 ("Act, 1989") & Rules, 1993, application was filed by him U/s 21 of Act, 1989, seeking payment of gratuity & leave encashment, being arbitrarily withheld by management of the Institution (petitioner).
(3.) It is relevant to observe that in terms of R.82 of Rules, 1993, employee/ teachers of the Aided educational institutions (Non-Govt.) are entitled for payment of gratuity; however, its computation is required to be made as provided under Payment of Gratuity Act, 1972 ("Gratuity Act").;