Case Law Details
Ambika Mission Boys Middle School Vs State of Chhattisgarh (Chhattisgarh High Court)
(i) The State would be employer within the definition of Payment of Gratuity Act, 1972 for the teachers/employees of aided educational institutions.
(ii) There cannot be unjustified classification between the two classes of teachers/employees for payment of gratuity before or after the cut-off date i.e., 01.04.2013 for whom grant-in-aid is received by institutions.
(iii) The judgments passed by the Controlling Authority and appellate authority whereby the institutions have been directed to pay gratuity on the basis of Letter dt. 07.06.2013 is set aside and the State is held to be liable to pay gratuity to the teachers even if they had retired prior to 01.04.2013.
(iv) The payments already made by the institutions pursuant to the order of the Controlling Authority or the Appellate Authority under the Gratuity Act, 1972 shall be reimbursed or made good to the institutions within a reasonable time of 6 months.
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