Supreme Court · 2019 INSC 18 · Decided 7 January 2019
Birla Institute of Technology v. The State of Jharkhand & ORS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 18 · [2019] 1 S.C.R. 301
- Case number
- CIVIL APPEAL No. 2530/2012
- Decided
- 7 January 2019
- Bench
- ABHAY MANOHAR SAPRE, INDU MALHOTRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Payment of Gratuity Act, 1972 - s.2(e) - Employee - Appellant is a premier technical educational institute of repute in the country - Respondent no.4 joined the appellant-Institute as Assistant Professor and on superannuation claimed gratuity - Entitlement of involved in the instant appeal is no longer res integra and was decided in Ahmadabad Pvt. Primary Teachers Association, wherein it was held that since a teacher is not an employee under s.2(e) of the Act, he has no right to invoke the provisions of the Act for claiming gratuity under the Act
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