SETH GOVINDRAOJI AYURVED MAHAVIDYALAYA Vs. VIMAL S NAGARE

JUDGEMENT

(1.) THE short question that arises for consideration is whether teachers of an educational institutions can be held to be on employees under Section 2 (e) of the Payment of Gratuity Act, 1972 (hereinafter referred to as "the Act" for short) to enable the teachers to claim gratuity.

(2.) ALL petitions, involve common question of law and are founded on identical facts so a common judgment willl dispose of all these petitions. The facts for the sake of clarity are taken from writ Petition No. 1069 of 2005 filed against Smt. Vimal S. Nagre.

(3.) THE present petitions, at the instance of the petitioner- the Educational Institution, are directed against the judgment and order dated 16. 12. 2004 passed by the respondent No. 2, the controlling Authority and Assistant Commissioner of Labour, solapur holding that the teachers, (the respondent no. 1), involved in these petitions are entitled to claim gratuity under the provisions of the Act.