because section 2(e) of the p.g.act,say any employee are coverd under the p.g.act and and centeral govt.coverd the education institution in the under the p.g.act,and also every citizan have equal right under the constitution.

but judgements are negative.

Recent amendment of P.G Act includes teacher with in the definition of Employee of the said Act.

As far as I am aware the definition of "Employee"under the Payment of gratuity is not amended and remains the same(open for correction)as fas as nature of work is concerned.The educational institutes are brought under the umbrella of P.G.A.,And further salary constrains are removed.Employees doing managerial duties are also covered.However the work performed by teacher does not qualify him as an employee and he is not entitled to receive gratuity under P.G.A..This may be unfortunate,but it is so.

on this point one judgment is there 1997(75)FLR page 897 Bom H.C.kindly refer if u need.

 yes please refer the judgement if any on this issue and notification of covering if any . Thanks 

I am attaching copy of Payment of Gratuity (Amendment) Bill 2009 passed by the Parliament.  It provides for coverage of teachers in the definition of employee with retrospective effect.

hello,

Thank u very much for atteching the bill but i think u may please go through the bil becouse this has not been  passed.and till pending.after this bill any new notification his there?or on this bill whether notification was passed?

thanking u.

Dear Suresh Mishra,

I think teachers are entitled for gratuity as amendment to the Gratuity Act 1972 have been made in 2007 and 2009 and teachers have been brought under GA too. Earlier word employee did not include teachers but later amendments have included teachers too. And it is made applicable from 3.4.1997.

S C DANEJ

Dear Suresh,

The amendment is applicable from 3.4.1998 and not from 3.4.1997.

S C DANEJ

The apex court held that teachers are not employee within the definition in PG Act.

Ref: 2004  AIR (SC) 1426; - Allhabad Pvt.  primery teachers association Vs. Administrative Officer