IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.177 OF 2001 PETITION NO.177 OF 2001 PETITION NO.177 OF 2001 St. Annes High School & Jr. ... Petitioner College & Anr. V/s. Mrs. Nancy D’Souza ... Respondent Mr. S.C. Naidu with Mr. Jay Choksi i/b. C.R. Naidu & Co. for the petitioners. None for the respondents. CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & ANOOP ANOOP ANOOP V. MOHTA,JJ. V. MOHTA,JJ. V. MOHTA,JJ. DATED DATED DATED : 13th December, 2006 : 13th December, 2006 : 13th December, 2006 P.C. . When the matter is called out, none present for the respondent. The petitioners have challenged the judgment of the Appellate Authority dated 06.12.2000, whereby the Appellate Authority held that the respondent herein is entitled to gratuity amount. It is the submission on behalf of the petitioners that teacher does not fall within the definition of the employees under Section 2(e) of Payment of Gratuity Act, 1972. The learned counsel draws our attention to a judgment of the Supreme Court in Ahmedabad (P.) Ahmedabad (P.) Ahmedabad (P.) Primary Primary Primary Teachers’ Association V/s. Administrative Teachers’ Association V/s. Administrative Teachers’ Association V/s. Administrative Officer Officer Officer 2004 (1) CLR 495 2004 (1) CLR 495 2004 (1) CLR 495 to contend that the Apex Court after examining the definition has held that a teacher is not an employee within the meaning of Payment of Gratuity Act. Considering the law laid ( 2 ) down by the Supreme Court, the respondents herein are not entitled to gratuity and accordingly this petition will have to be allowed. 2. Rule made absolute in terms of prayer clause (a). There shall be no order as to costs. [F.I. [F.I. [F.I. REBELLO, J.] REBELLO, J.] REBELLO, J.] [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]