VidhiSangh

Supreme Court of India · 07/01/2019

BIRLA INSTITUTE OF TECHNOLOGY versus THE STATE OF JHARKHAND & ORS.

[2019] 1 S.C.R. 301 · 2019 INSC 18

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Summary

In its judgment of 7 January 2019, the Supreme Court relied on Ahmedabad Private Primary Teachers Association to reject a retired BIT teacher’s gratuity claim under the Payment of Gratuity Act. It held that the precedent’s exclusion of teachers was not confined to primary schools. It allowed the Institute’s appeal, while preserving liberty to claim any available benefit under another State Act or scheme.

Issues

  1. Whether the earlier ruling excluding teachers from the employee definition could be distinguished according to the educational institution in which they served.

Provisions considered

Held

Result

By this judgment dated 7 January 2019, appeal allowed and gratuity application dismissed as not maintainable; liberty under another applicable State Act or scheme preserved.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 301.