07.01.2019

My Lord, Teachers are Employees under Section 2(e) of The Payment of Gratuity Act, 1972?

“No. Clearly Not. See, Ahmedabad Pvt. Primary Teachers’ Association, (2004) 1 SCC 755.”

– Hon’ble Justice Abhay Manohar Sapre, Birla Institute of Technology v. State of Jharkhand, [Civil Appeal No. 2530 of 2012].

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09.01.2019

My Lord, Teachers are Employees under Section 2(e) of The Payment of Gratuity Act, 1972?

“Definition of ‘Employee’: Amended. Retrospective Effect. Error in Judgment.”

– Hon’ble Justice Abhay Manohar Sapre, Birla Institute of Technology v. State of Jharkhand, [Civil Appeal No. 2530 of 2012].

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07.03.2019

My Lord, Teachers are Employees under Section 2(e) of The Payment of Gratuity Act, 1972?

“Reliance on Ahmedabad Pvt. Primary Teachers’ Association, (2004) 1 SCC 755: Wholly Misplaced.” 

– Hon’ble Justice Abhay Manohar Sapre, Birla Institute of Technology v. State of Jharkhand, [Civil Appeal No. 2530 of 2012].

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29.08.2022

Ahmedabad Private Primary Teachers’ Association, (2004) 1 SCC 755 interpreted law as it then existed.

The argument – private schools do not have capacity and ability to pay gratuity to teachers – is unapt and parsimonious.

– Hon’ble Justice Sanjiv Khanna, Independent Schools’ Federation of India (Regd.) v. Union of India, [Civil Appeal No. 8162 of 2012].