1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 500 OF 2001 APPEAL NO. 500 OF 2001 APPEAL NO. 500 OF 2001 IN WRIT PETITION NO. 1186 OF 2001 General Education Academy ... Appellant (Orig. Petitioner) Versus Smt. Sheela Narendra Mhatre & ors. Respondents Mr. S.P.Dhulapkar i/b. Salgaonkar & Co. for the appellant. Mr. A.S.Parulekar for Respondents. CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & J.H.BHATIA,JJ J.H.BHATIA,JJ J.H.BHATIA,JJ. DATE : 4th September, 2007. DATE : 4th September, 2007. DATE : 4th September, 2007. P.C. P.C. P.C. 1. By this Appeal, the appellant challenges the order passed by the learned Single Judge of this Court in Writ Petition No.1186 of 2001. That Writ Petition was filed by the present appellant challenging the order 2 made by the Authorities under the Payment of Gratuity Act holding that teachers working in recognised private schools are entitled to payment of gratuity under the Payment of Gratuity Act. The learned Single Judge by his order dated 16th April, 2001 confirmed the orders passed by the Authorities under the Payment of Gratuity Act and held that teachers working in recognised schools are entitled to payment of gratuity under the Payment of Gratuity Act. 2. We have heard learned Counsel for the both the sides. 3. The learned counsel for the appellant pointed out to us the Judgment of the Supreme Court in the case of Ahmedabad Pvt. Primary Teachers’ Association vs. Ahmedabad Pvt. Primary Teachers’ Association vs. Ahmedabad Pvt. Primary Teachers’ Association vs. Administrative Officer and others Administrative Officer and others Administrative Officer and others reported in AIR 2004 SC 1426. By that Judgment, the Supreme Court has held that teachers working in schools are not employees within the meaning of the Payment of Gratuity act and, therefore, they are not entitled to payment of gratuity under the Payment of Gratuity Act. The Judgment of the Supreme Court completely reverses the view taken by the learned Single Judge in the Judgment impugned in this Appeal. 4. In view of the Judgment of the Supreme Court in 3 Ahmedabad Private Primary Teachers’ Association, referred to above, the Appeal will have to be allowed. It is accordingly allowed. The Judgment and Order dated 16th April, 2001 passed in Writ Petition No. 1186 of 2001 is set aside. The Writ Petition filed by the petitioner, being Writ Petition No.1186 of 2001 is granted in terms of prayer clause (a). No order as to costs. -- (D.K.DESHMUKH,J) (D.K.DESHMUKH,J) (D.K.DESHMUKH,J) (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)