IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER, TWO THOUSAND EIGHT ONLY WRIT PETITION No.14465 of 1997 Between: The Management of St. Joseph’s Education Society, reptd., by its Secretary-Sri U.G.Reddy, King Koti, Hyderabad. … Petitioner And The Assistant Commissioner of Labour, Hyderabad-III and Controlling Authority Under Payment of Gratuity Act, 1972, T.Anjaiah Karmika Bhavan, RTC Cross Roads, Hyderabad and another. … Respondents Counsel for the petitioner: Sri Gadi Praveen Kumar for Sri A.K.Jayaprakash Rao. Counsel for the respondents: None. This Court made the following: ORDER:- This Writ Petition is filed for a Writ of Certiorari to quash order dated 25-4-1997 passed in Case No.PG/5/1996 by respondent No.1. Heard Sri Gadi Praveen Kumar, counsel representing Sri A.K.Jayaprakash Rao, learned counsel for the petitioner. No one appeared for respondent No.2 in spite of service of notice. Perused the record. On an application filed by respondent No.2, who was a School Assistant (Teacher), making a claim for payment of gratuity against the petitioner, respondent No.1 passed the impugned order directing the petitioner to deposit an amount of Rs.18,703-85 ps., towards gratuity payable to respondent No.2 together with 10% simple interest till the date of payment. At the hearing, learned counsel for the petitioner placed reliance on order dated 10-2-2004 in Writ Petition No.20147 of 2002 filed by the petitioner herein against a similar order passed by respondent No.1. This Court, placing reliance on the judgment of the Supreme Court in Ahmedabad Pvt. Primary Teachers’ Association Vs. Administrative Officer & others – 2004(1) Supreme 276 – quashed the order passed by the Controlling Authority under the payment of Gratuity Act, 1972 (for short “the Act”) by holding that in view of the law declared by the Supreme Court, the Controlling Authority and the Appellate Authority under the Act have patently no competence or inherent jurisdiction to adjudicate upon the claims of teachers for payment of gratuity as teachers are not ‘employees’ within the meaning of the provisions of the Act. As the order impugned in this Writ Petition is identical to the one that was set-aside in the order in the said Writ Petition, this Writ Petition is allowed and the impugned order is quashed. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:25-11-2008 MNR