Shri Agarwal Shiksha Samiti and Another vs Moti Chand Jain and Others

Shiv Kumar Sharma, J.—Heard learned Counsel for the parties.

All these appeals arise from a common order of learned Single judge whereby, the appellant Samiti was directed to make payment of gratuity to the respondents along with interest. The order does not call for interference in view of the ratio indicated in Children Garden Play School Education Society v. Raj Nan Government Educational Institutions] Tribunal and Ors. (2008) 3 WLC (Raj) 147 wherein, the Division Bench of this Court held that non-government educational institutions are bouna to pay gratuity to the employees worked with them since gratuity is a benefit arising from past service and meant for relief and assistance after retirement or cessation of employment.

Insofar as awarding interest is concerned, we are of the opinion that argument in this regard ought to have been advanced before the learned Single Judge. In the special appeal the submission which was not advanced before the learned Single Judge, cannot be entertained.

For these reasons, the appeals being devoid of merit stand dismissed without any order as to costs.