Teacher not "employee" under Payment of Gratuity Act, Supreme Court

Shruti Mahajan January 7 2019

The Supreme Court today held that a teacher is not an ‘employee’ as per the provisions of the Payment of Gratuity Act, 1972 (Act) and is therefore not entitled to gratuity under the Act.

The appeal which brought forth this question was filed by the Birla Institute of Technology (BIT/ Appellant) against a judgment of a Division Bench of the Jharkhand High Court.

The Respondent in the case was an Assistant Professor at the BIT and superannuated in November 2011. After . . .

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