IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 153 OF 2002 LETTERS PATENT APPEAL NO. 153 OF 2002 LETTERS PATENT APPEAL NO. 153 OF 2002 IN IN IN WRIT PETITION NO. 4256 OF 2001 WRIT PETITION NO. 4256 OF 2001 WRIT PETITION NO. 4256 OF 2001 Zenith Education Society ...Appellant (Orig.Petitioner) V/s. Mrs.K.B. Joshi ...Respondent (Orig.Respondent) Mr.Amol Desai for the Appellant. None for the Respondent. CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. V.M. KANADE, JJ. V.M. KANADE, JJ. DATED : JANUARY 31, 2008 DATED : JANUARY 31, 2008 DATED : JANUARY 31, 2008 P.C. :- P.C. :- P.C. :- 1. The question that arises for consideration in this appeal is whether the provisions of the Payment of Gratuity Act, 1972 are applicable to a teacher working in a school. 2. The learned Single Judge relying on the law held that the provisions are applicable and therefore, has declined to interfere with the order passed by the Controlling Authority and Appellate Authority directing to the petitioner to make payment of gratuity under that Act to the respondent-teacher. Now, the Supreme Court has decided that question by judgment in the case of - 2 - Ahmedabad (P.) Primary Teachers’ Association V/s. Ahmedabad (P.) Primary Teachers’ Association V/s. Ahmedabad (P.) Primary Teachers’ Association V/s. Administrative Officer, reported in 2004 1 CLR 495 Administrative Officer, reported in 2004 1 CLR 495 Administrative Officer, reported in 2004 1 CLR 495 and the Supreme Court has held that the provisions of Payment of Gratuity Act do not apply to teachers working in school. 3. In view of the judgment of the Supreme Court, now the position of law is clear and therefore, in our opinion, the order of the learned Single Judge impugned in this appeal will have to be set aside. It is, accordingly, set aside. The writ petition filed by the petitioner will have to be allowed. Accordingly, that writ petition is allowed. Rule in that petition is made absolute in terms of prayer clause (a). 4. Appeal is disposed of. No order as to costs. 5. In view of the disposal of the appeal, Civil Application No.173 of 2002 does not survive and it is disposed of. (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) - 3 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)