1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.5699 of 2010 (President/Secretary, Akhil Bhartiya Shri Gurudeo Sewa Mandal and another v. Ramesh S. Molke) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri J.Y. Ghurde, Advocate for Petitioners. Smt. Rashi Deshpande, AGP for Respondent No.2. Coram : R.K. Deshpande, J. Dated : 13 th July, 2011 This petition challenges the judgments and orders dated 22-12-2009 passed by the Controlling Authority under the Payment of Gratuity Act, 1972 and dated 23-8-2010 passed by the Additional Commissioner of Labour and the Appellate Authority under the said Act. The Controlling Authority has directed the petitioner-establishment to make the payment of gratuity to the respondent-employee. That order has been maintained in appeal. The question urged by Shri Ghurde, the learned counsel appearing for the petitioners, is that the provisions of the said Act are not made applicable to the non-teaching employees and their request for making the pension-cum-gratuity scheme has been rejected by the Government as per the Government Resolution dated 27-6-2001. 2 The question raised is no longer res integra in view of the judgment of this Court in Principal, Bhartiya Mahavidyalaya, Amravati and another v. Ramkrishna Wasudeo Lahudkar, reported in 1993 Mh.L.J. 1272, wherein it has been held that the 'educational institution' is an 'establishment' under Section 2(4) of the Payment of Gratuity Act and hence the provisions of the said Act are applicable to every such establishment. In view of this, no interference is called for in the orders impugned in this petition. The petition is, therefore, dismissed. Judge pdl