1 S.B.CIVIL WRIT PETITION NO. 4235/1999 Mohan Lal Vyas Vs. State of Rajasthan & Ors. Date of Order :: 18.03.2009 HON'BLE MR. JUSTICE GOVIND MATHUR Mr Rajat Dave, for the petitioner/s. Dr G.R. Kalla, Govt. Counsel. Mr. D.K. Parihar, for the respondents. ... By this petition for writ a challenge is given to the judgment dated 8.1.1999 passed by the Rajasthan Non-Government Educational Tribunal, Jaipur rejecting an application preferred under Section 21 of the Rajasthan Non-Government Educational Institutions Act, 1989 for claiming gratuity. Learned Tribunal held that the Teachers are not “employee” as defined under the Payment of Gratuity Act, 1972, therefore, the petitioner's claim is unsustainable. As a matter of fact, the controversy involved in this petition for writ has already been resolved by the Hon'ble Supreme Court in the case of Shantiben L. Christian Vs. Administrative Officer, Ahmedabad Municipal School Board {Reported in 2001(91) FLR 660}. In the case aforesaid it was held that the Teachers are neither skilled or unskilled workman, and therefore, they are not “employee” as defined under section 2(e) of the Act of 1972. 2 I also do not find any force in the argument advanced that the respondent-employer should have given gratuity to the petitioner as per the provisions of Rajasthan Non-Government Educational Institutions Act, 1989 read with Rule 82 of the Rajasthan Non-Government Educational Institutions Rules, 1993. The Act of 1989 and the Rules of 1993 came into force after retirement of the petitioner, and as such, the Act and the Rules aforesaid can not be made applicable to the petitioner. In view of it, the order impugned passed by learned Tribunal does not suffer from any error that may warrant interference of this Court under Article 226 and 227 of the Constitution of India. The petition for writ is accordingly dismissed. (GOVIND MATHUR), J. Jgoyal '