‘‘Teachers cannot claim gratuity as a matter of right,’’ states a judgment delivered by the Supreme Court in an appeal filed by the Ahmedabad Private Primary Teachers’ Association.After examining many definitions in labour enactments, the Court today concluded that teachers did not fall under the category of ‘‘employee’’ as far as the provisions of the Payment of Gratuity Act, 1972, are concerned. A bench comprising Justice Shivaraj V. Patil and Justice D.M. Dharmadhikari upheld a verdict of a full bench of the Gujarat High Court and dismissed the appeal.Quoting a concurring opinion of the Gujarat HC, the bench noted: ‘‘Gratuity in its etymological sense is a gift, especially for services rendered or a return for favours received.’’ The bench said gratuity has to be considered as something given freely, voluntarily or without recompense and is a sort of financial assistance to tide over post-retirement hardships and inconveniences.‘‘We are of the view that teachers who are mainly employed for imparting education, are not intended to be covered for extending gratuity benefits under the Act. Teachers do not answer description of being employees who are skilled, semi-skilled or unskilled. A trained teacher is not described in industrial or service jurisprudence as a skilled employee,’’ the bench stated.
