Is Teacher workman under the Gratuity Act

This query is : Resolved 
 

(Querist)
28 September 2008

with the recent changes in payment of Gratuity Act,whether Teacher is workman under the payment of Gratuity Act.


Adv.Shine Thomas (Expert)
29 September 2008

In Seth soorajmal Jalan Balika Vidyalaya(secondary School)v.The Controling Authority 2001 LLR 567 (cal)the Court held that,teacher cannot be an employee within the meaning of the Payment of Gratuity Act.But in case of General Educational Academy,Mumbai v.Sudha Vasudeo Desai,2001 LLR 627 the Bombay High Court declared that the definition of employee in sec.2(e) includes the class of teacher employed in a school.In Nitin A.Mehta v.Mehta Prafullaben Dalpatral,2001 LLR 414(Guj) & in Tara Chand Chokdayat v.State of Rajastan(1999)the courts have expressed the same view.

H. S. Thukral (Expert)
29 September 2008

Dear Shine Thomas
The Apex court in its judgment in the matter of Allhabad Pvt. Primary Teachers Association v Administrative Officer
2004 AIR (SC) 1426 has set the controversy at rest by pronouncing that the Teachers are not 'employee' within the definition in Payment of Gratuity Act.

Mr. Rajan there are not much changes in the definition in respect to employee. Ironically the 'establishment' is not defined in the act. Debate is whether the school is an establishment?

Earlier the teachers were judeged not workman under the industrial dispute act as they were not doing the work of types defined in the definition.
SC has recommended that states should come out with some beneficiary legislation for the the teachers in the above cited judgment.

Aniruddha.P.Pawse (Expert)
05 October 2008

No Teachers are not employee within the defination of payment of gratuity act

shraddha Shukla (Expert)
22 September 2011

Dear sir,
a public ltd company is employing faculty to teach in IIT JEE classes, then we have terminated them. the faculty has gone to labour inspector and we received notice from inspector for presenting record at the office.
please tell me cana faculty/teacher go to labour inspector or he shud go to civil court? are teachers workmen? if not please give me some case law to support from delhi.

R.Ramachandran (Expert)
22 September 2011

He can go. Even the labour inspector may with knowledge or without knowledge, or wantonly entertain the case as he has done in your present case.
But, it is for you to bring the Apex Court judgment to his notice and say that the Teacher is not a 'workman'. Mr. H.S.Thukral has already given the requisite citation above.

shraddha Shukla (Expert)
22 September 2011

dear sir,
Mr. H.S.Thukral has cited case law under Payment of Gratuity Act. I need a case law under shop and establishment act.

prabhakar singh (Expert)
22 September 2011

on WHAT point you are looking for a case law on shop and establishment act.????????



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