Gujarat Plus - Gujarat on Web

SC refuses to stay HC order Monday, November 26, 2001

SOURCE - TIMES NEWS NETWORK
AHMEDABAD: The Supreme Court of India has refused to grant a stay order against the judgment of the full Bench of the Gujarat High Court holding that 'teacher' is not an 'employee' within the meaning of Payment of Gratuity Act, 1972.

A full Bench of Gujarat High Court comprising justice B C Patel, Justice J N Bhatt and Justice M R Calla had given an important judgment on May 4, 2001, in the case of Shantiben Lallubhai Christian against Administrative officer of the Ahmedabad Mu nicipal School Board, under the Payment of Gratuity Act, 1972.

The High Court after taking into consideration the various judgments and considering the definition of the term 'employee' under the Payment of Gratuity Act, 1972, held that 'teachers' are not entitled to claim gratuity under the said Act.

The High Court had held that the main function of the teacher is teaching, which cannot be considered to be any skilled, semi-skilled, unskilled, manual, supervisory, technical or clerical work.

It also held that the term 'employee-workman' under other labour legislation as well as the judgments of the Supreme Court in the case of Ms A Sundaram Bal and Hariyana Unrecognised Schools Assocaition, the 'teacher' will not be covered in the definition of the term 'employee' under the Payment of Gratuity Act, 1972, and hence, they are not entitled to claim gratuity.

Ahmedabad Private Primary Teachers' Association had preferred a special leave petition before the apex court challenging the above referred judgment and order passed by the High Court full Bench.

A division Bench of the Supreme Court had granted leave, but refused to stay the judgment and order dated May 4, 2001, of the full Bench of the Gujarat HC.

Thus, for the time being till any other order is passed, the High Court judgment will remain in force in the State of Gujarat and accordingly 'Teacher' will not be entitled to claim any gratuity under the provisions of the Payments of Gratuity Act, 1972.

Attorney general of India Soli Sorabji along with advocates Devang Nanavati and Deepak Shukla appeared for the AMC School Board.

News Source : The Times of India [India's best Newspaper]

 

This site is dedicated to our friend Younus M, who passed away on 28th Sept 00, and left on us an indelible memories ! - Team GujaratPlus.com

[P] Privacy Policy | © Copyright 2000-2006 |

Designed & Hosted by eZee Web Solutions