Punjab-Haryana High Court
Sh. Ravinder Singh vs Central Board Secondary Education on 10 February, 2012
Author: K. Kannan
Bench: K. Kannan
CWP No.7326 of 2011 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
CWP No.7326 of 2011
Date of decision February 10, 2012
Sh. Ravinder Singh
....... Petitioner
Versus
Central Board Secondary Education, New Delhi through its Secretary
and others
........ Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:- Mr. Amrik Singh, Advocate
for the petitioner.
Mr. Harsh Aggarwal, Advocate
for respondent No.1.
Mr. Sukhwinder Kaur, Advocate
for respondent Nos. 2 and 3.
****
K. Kannan, J (oral).
1. The only issue involved in the writ petition is whether a teaching staff working in a School is entitled to gratuity based on the amendment to the definition of 'employee' in the payment of Gratuity Act after the decision of the Hon'ble Supreme Court in Ahmedabad Pvt. Primary Teachers Association Vs. Administrative Officer and others AIR 2004 SC 1426 , the definition of the employee before and after the amendment was made by the Act 47 of 2009 are tabulated for comparison:
"Prior to substitution by Act 47 of 2009
e) "employee" means any person (other than an apprentice) employed on wages in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether CWP No.7326 of 2011 2 the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity.
After substitution
e) "employee" means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment to which this Act applies, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity."
2. The amendment removes from the definition the restricted expressions 'Skilled, Semi Skilled or Un-skilled' and substitutes with the expression in "any kind of work, manual or otherwise". That this altered definition has an immediate relevance for a teaching institution and teaching staff shall be seen in the context of the reasons set forth in the bill for bringing this amendment which makes a particular reference to the decision of the Supreme Court in Ahmedabad's case (supra). The bill seeks to fill up a lacuna which existed before and therefore being required to be clarified to give an extensive meaning to accommodate the teacher in a private un-aided institution as well. The objects and reasons clause for the amendment reads thus:
The Hon'ble Supreme Court in its Judgment in Civil Appeal No.6369 of 2001 dated 13th January, 2004, in Ahmedabad Pvt. Primary Teachers' Association Vs. Administrative Officer and others (AIR 2004 SC 1426) has held that if it is extended to cover in the definition of CWP No.7326 of 2011 3 'employee', all kinds of employees, it could have as well used such wide language as is contained in Section 2 (f) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 which defines 'employee' to mean any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with the work of an establishment. It has been held that non-use of such wide language in the definition of 'employee' reinforces the conclusion that teachers are clearly not covered in the said definition.
Keeping in view the observation of the Hon'ble Supreme Court, it is proposed to widen the definition of 'employee' in order to extend the benefit of gratuity to the teachers. Accordingly, the Payment of Gratuity (Amendment) Bill, 2007 was introduced in Lok Sabha on the 26th November, 2007 and the same was referred to the Standing Committee on Labour which made certain recommendations. After examining those recommendations, it has been decided to give effect to the amendment retrospectively with effect from the 3rd April, 1997, the date on which the provision of the said Act were made applicable to educational institutions."
3. The petitioners would be entitled to the gratuity as sought for since the petitioner was admittedly a person who was in service on the date when the Act was deemed to come into force namely on 3.4.1997. The petitioner has himself retired only on 31.12.2008. The amount payable to the petitioner shall be calculated by the respondents and released to him within a period of six weeks from the date of receipt of copy of the order. If there will be any delay in making the payment, the petitioner will also be entitled to interest at the rate of 7.5% from today.
(K. KANNAN) JUDGE February 10, 2012 archana