In view of the ruling of SC in Ahmedabad Pvt. Primary Teachers' Association vs. Administrative Officer and others [AIR 2004 Supreme Court 1426]
a bill has been placed in the Parliament to amend the present definition of the employee in the Act so as to cover all employees including teachers other than exception specially mentioned in the definition. Bill is yet to be passed. The amended section shall read as
(e) "employee" means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment, to which this Act applies, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity;'.