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1 - 10 of 13 (0.20 seconds)THE PAYMENT OF GRATUITY (AMENDMENT) ACT, 2018
THE PAYMENT OF GRATUITY ACT, 1972
Article 227 in Constitution of India [Constitution]
Ahmedabad Pvt. Primary Teachers' ... vs Administrative Officer And Ors on 13 January, 2004
tion made by the Supreme Court in paragraph 25 of
Ahmedabad Pvt. Primary Teacher's Assn. case
(supra), in which it has been held that definition of "em-
ployee" under Section 2(e) of the said Act has to be
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couched in the wide language as is contained in the
definition of "employee' under Section 2(f) of the Em-
ployees' Provident Funds Act, 1952 so as to include a
teacher within the meaning of "employee" under Sec-
tion 2(e) of the Act of 1972. Thus, taking a note of such
observation, the Legislature has amended the definition
of "employee" under Section 2(e) of the said Act with ef-
fect from 3rd April, 1997. The Objects and Reasons of
such amendment makes the intention of the Legislature
very clear to apply the provisions of the Payment of
Gratuity Act to the teachers also. The amended defini-
tion is wide enough to cover the category of "teacher"
for the purpose of applicability of the said Act. There is
no escape but to hold that teacher is an "employee"
within the meaning of Section 2(e) of the Act of 1972
and hence, the provisions of the said Act are applicable.
The said amendment has brought in force w.e.f.
3.4.1997 by virtue of Section 13-A of the Amendment
Act, 2009.