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Suresh C Mishra (advocate)     28 August 2009

Amendment act 2990 gratuity act

 with humble submission to all my friends!

 Whether Amendment in the defintion of employee under the payment of Gratuity Act including the teacher as employee has been notified and incorporated inthe Act ? if yes . What is the date of notification ? pl. provide a copy of notification . 



Learning

 2 Replies

H. S. Thukral (Lawyer)     28 August 2009

In view of the ruling of SC in Ahmedabad Pvt. Primary Teachers' Association vs. Administrative Officer and others [AIR 2004 Supreme Court 1426] 

a bill has been placed in the Parliament to amend the present  definition of the employee in the Act so as to cover all employees including teachers other than exception specially mentioned in the definition.  Bill is yet to be passed. The amended section shall read as

(e) "employee" means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment, to which this Act applies, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity;'.
3 Like

S.Narayan (consultant)     29 August 2009

The bill for the amendment of the Gratuity Act placed before the Parliament for passing under the previous UPA Government has lapsed. There is no knowing when a fresh bill will be introduced or the old bill will be reintroduced.

 

s. narayan


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