IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE S.ANANDA REDDY WRIT APPEAL NO. 751 of 2004 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 10/04/2003 in WP No. 20418 of 1995 on the file of the High Court.) Between: 1. H.M.T. Welfare & Cultural Organization, Rep. by its Secretary, HMT WACO, HMT Township, Hyderabad. 2 The General Manager, Hindustan Machine Tools, Hyderabad. ..... APPELLANTS AND 1. Mrs. Sushila Thomas, W/o. T. Thomas. retired School Asst. HMT School, R/o. 1-2-36/12, Domalguda, Hyderabad. 2 The Principal, HMT High School, HMT WACO, HMT Township, Hyderabad. 3 The Govt. of A.P., rep. by its Secretary, Education, Hyderabad. .....RESPONDENTS Counsel for the Appellants:Mr. K.CHINNA BABA. Counsel for Respondent No.1:Mr.P.B.VIJAY KUMAR Counsel for Respondent No.2: Mr.G.VIDYASAGAR Counsel for the Respondent No.3: GP FOR EDUCATION The Court made the following Order : THE HONOURABLE SMT JUSTICE T.MEENA KUMARI AND THE HONOURABLE SRI JUSTICE S.ANANDA REDDY W.A.NO.751 OF 2004 ORAL ORDER: (per the Hon’ble Smt Justice T.MEENA KUMARI) Today, when the matter has come up for hearing, both the learned counsel submitted that the matter is squarely covered by the judgment of the Apex Court reported in Ahmedabad Pvt. Primary Teachers’ Assn. V. Administrative Officer, wherein the Supreme Court held that the teachers would not come under the definition of ‘employee’ for the purpose of payment of gratuity under the Gratuity Act, 1972. Following the same, the order of the learned Single Judge is set aside. Accordingly, the writ appeal is allowed. No costs. ____________________ T.MEENA KUMARI,J 17.12.2004 _________________ S.ANANDA REDDY,J Usd/Lvl To 1 The Principal, HMT High School, HMT WACO, HMT Township, Hyderabad. 2 The Govt. of A.P., rep. by its Secretary, Education, Hyderabad. 3. The Secretary, H.M.T. Welfare & Cultural Organization, HMT WACO, HMT Township, Hyderabad. 4. The General Manager, Hindustan Machine Tools, Hyderabad. 5 Two CCs to G.P. for Education, A.P.High Court Buildings, Hyderabad (OUT) 6. Two CD copies.