HEAD MISTRESS Vs. NYMPHIA PEREIRA

JUDGEMENT

(1.) BY this Appeal, the Appellant Educational Institution is challenging the order dated 11th September,2002 passed by the learned Single Judge, wherein, the learned Single Judge had relied upon a judgment of this Court in General Education Academy Vs.Smt.Sudha Vasudeo Desai Ors. 2001(2) CLR 79 and concluded that the Respondent No.1 Teacher is an employee and entitled to get gratuity. The Respondent No.1 is a Teacher employed in the Appellant school.

(2.) THERE have been conflicting views "whether a Teacher is an employee" covered by Section 2(e) of the Payment of Gratuity Act,1972 ?"

(3.) WE have perused the order dated 1st April,2003 passed in Notice of Motion No.3125 of 2002 in the above Appeal, wherein this Court had directed the Appellants to deposit the entire amount of gratuity together with interest within a period of eight weeks from the date of the order and if the amount is deposited, the Respondent No.1 was granted leave to withdraw the same, subject to filing a written undertaking that the Respondent will bring back the amount, if so directed by the Court.