gratuity amount witheld applicability of law

Guest
(Querist) 25 August 2010
This query is : Resolved
my client is a block development officer of a Zilla Parishad created under the Maharashtra Zilla Parishad & Panchayat Samiti's Act, 1961. he got superannuated 6 years ago. but till date his gratuity, though cleared by the indian audit and accounts department, has not been released by the Zilla Parishad.
in these circumstances i have filed a Writ U/A 226. however it appears to me that the payment of gratuity act is not applicable to a statutory body like a Zilla Parishad. resultantly i have invoked the grounds which i could carve out under the rules made under the maharashtra administrative tribunals act.
my questions :
1. whether the payment of gratuity act applies to zilla parishad ?
2. whether the zilla parishad is an establishment within the meaning of an establishment under the state law for the time being in force.
s.subramanian
(Expert) 15 September 2010
1. Yes it is applicable.
2. Yes.