Section 2(e) of The Payment of Gratuity Act, 1972

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].