LAWS(MAD)-2012-1-237

MANAGEMENT SARASWATHI VIDYALAYA MATRICULATION HIGHER SECONDARY SCHOOL Vs. JOINT COMMISSIONER OF LABOUR

Decided On January 06, 2012
MANAGEMENT, SARASWATHI VIDYALAYA MATRICULATION HIGHER SECONDARY SCHOOL Appellant
V/S
JOINT COMMISSIONER OF LABOUR Respondents

JUDGEMENT

(1.) WRIT Petition is filed praying to issue a WRIT of Certiorari, to call for the records on the file of the Joint Commissioner of Labour (Appellate Authority under the Payment of Gratuity Act, 1972), Chennai-6, the first respondent pertaining to P.G.A.206 of 2001 and to quash the order passed therein dated 14.3.2002.

(2.) HEARD Mr.M.R.Raghavan, learned counsel appearing for the petitioner, Mr.S.V.Durai Solaimalai, learned Additional Government Pleader, appearing for the respondents 1 and 2 and Mrs.A.Dinakari, learned counsel appearing for the third respondent.

(3.) IN view of the decision of the Apex Court holding that the teacher is not covered by the definition of an 'employee' under the provisions of the Payment of Gratuity Act, the order of the first respondent Appellate Authority is set aside.