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Teachers not eligible for gratuity Friday, June 8, 2001
Ahmedabad, June 7: The high court has given an important decision against the Ahmedabad Municipal School Board. The judgement was given by the division bench of the Gujarat high court in a writ petition filed by Ms Shanti L Christian.
The judgement directed that the teachers cannot be considered as employees and cannot be included under the purview of the Gratuity Act. Teaching would rather come within the meaning of a commercial establishment, so the provision contained in the payment of Gratuity Act cannot be accepted in the case of teachers.
Sources from the high court said that Ms Christian was serving as a primary teacher under the Ahmedabad Municipal School Board and had made an application under the payment of Gratuity Act, 1972. The application was filed before the controlling authority of the Ahmedabad Municipal School Board.
In a decision taken by concerned authority of the Board directed to pay gratuity to primary teachers under the Act. However, the appellate authority quashed the judgement passed by the controlling authority. In order to challenge the orders passed by the appellate authority, Ms Christian lodged a writ petition in the Gujarat high court.
The division bench delivered the judgement in favour of Ahmedabad Municipal School Board.
The high court observing conjoined reading of definition of the term employee given in various acts, held that teacher would not come within the definition of `employee’ and thus rejected the petition.
The advocates involved in the case include Mr Devang Nanavati and Mr D G Shukla for the Ahmedabad Municipal School Board and Mr P C Master for the petitioner.
News Source : The AsianAge Ahmedabad Edition [ The coolest Newspaper for city ]