Part-Time Vocational Teacher Entitled To Payment Of Gratuity, Act Draws No Distinction Between Categories Of Employees: Delhi High Court

The Delhi High Court has observed that a part time vocational teacher working with the Delhi Government is entitled to gratuity under the Payment of Gratuity Act and that the said legislation draws no distinction between various categories of employees including a full time, ad hoc or a part time employee.

A single judge bench comprising of Justice V. Kameswar Rao was dealing with a petition filed by a man employed as a part time vocational in the banking course by Directorate of Education, Delhi Government in the year 1991.

After continuing working in the said capacity, he got retired on attaining the age of superannuation on March 26, 2020.

It was thus the petitioner's case that teachers were entitled to the Gratuity under the Act of 1972 from their employer with effect from April 3, 1997 and that such teachers, being adequately covered by the legislation, cannot be denied of the same.

"The petitioner being an employee, though according to the respondents Part Time, he is still entitled to gratuity. He worked for almost 28-29 years but was denied the benefit of pension as he was not a regular employee." The Court observed.

Taking a different stand, it was submitted on behalf of the Delhi Government that the petitioner's appointment was temporary on contingent basis with the condition that his services are liable to be terminated at any time.

It was also submitted that the approval for continuation of vocational teachers was issued by the department every academic or financial year with prior concurrence of the Lieutenant Governor and that their wages were being paid from contingency fund.

Considering the submissions made, the Court observed thus:

"From the above, it is clear that the Act does not draw a distinction between a fulltime employee / a part time employee /ad hoc employee etc. In other words, as stated by the Court, the Section does not speak of any specific categories of the employees for its applicability i.e. regular, ad-hoc, part time, casual etc."

Furthermore, the Court said:

"Being a so called "Part Time Employee", if he is not entitled to gratuity under the scheme prevailing in the department, the petitioner is entitled to gratuity under the Act of 1972. He cannot be left without means of sustenance, post retirement."

While allowing the petition, the Court directed the Respondents to pay gratuity to the petitioner by counting the period of service w.e.f. April 03, 1997 till March 26, 2020 with interest computed @ 6% per annum. 

"The same shall be complied, within a period

of eight weeks from today. The petition is disposed of with costs quantified as Rs.20,000/- to be paid to the petitioner within the same period." The Court directed.

Title: JANARDAN SHARMA v. GNCT OF DELHI THROUGH: ITS CHIEF SECRETARY & ORS.

Click Here To Read Order