This has reference to the news item “SC directs private schools to pay gratuity within six weeks’.
Just recently Supreme court had delivered same type of judgement which was related to payment of gratuity to Aanganwadi workers and now this is the case of payment of gratuity to private school teachers.In both these cases employees get the very nominal wages and are highly exploycated and their fundamental rights are curbed.In addition to above two categories there is a also a third category which is called Disabled Pensioners who are getting less pension as well as less family Pension to their legal heirs and even the Disability Acts passed by the parliament and various representations had been sent to the authorities who are at helm of affairs but no body is ready to listen their sufferings due to the insensitive attitude towards Disabled.
The order came on a petition filed by the Independent Schools’ Federation of India challenging the validity of the amendment. Earlier, the top court had in Ahmedabad Private Primary Teachers’ Association versus Administrative Officer amp; Others (2004) ruled that teachers were not “employees” as defined under the Act as they were not performing any skilled, unskilled, semi-skilled, manual, supervisory, managerial, administrative, technical or clerical work.The court said gratuity is the minimal condition of service and it can not be categorised as a bounty but it their fundamental right to claim the same and court can not accept the plea that they are not having such funds.Such is the judicial system of the country that unprivileged and marginalised sections of the society have to wait for number of years to get the justice.
Yash Pal Ralhan
21 Shiv Vihar Model Town