JUDGMENT

Dharmadhikari, J.-This appeal has been preferred by Ahmedabad Private Primary Teachers Association. The Association complains that in the petition filed by an Individual teacher [respondent No. 2 herein] employed in a school run by Ahmedabad Municipal Corporation, the Full Bench of the High Court of Gujarat by impugned judgment dated 04.5.2001 in Special Civil Application No. 5272 of 1987 not only rejected the claim of the teacher for payment of gratuity under the provisions of Payment of Gratuity Act, 1972 [for short the Act but has decided an important question of law against the teachers as a class that they do not fall within the definition of employee as contained in Section 2(e) of the Act and hence can raise no claim to gratuity under the Act.

2. The definition of employee contained in section 2(e) of the Act of 1972 reads as under :

2(e). employee means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual supervisory, technical or clerical work, whether the terms of such employment are express or implied, [and whet