Define the term Employee under the payment of gratuity act 1972.
According to Section 2 (e), ’employee’ means any person (other than an apprentice) employed on wages in any establishment, factory, mine, oil field plantation, port, railway company or shop. He may be employed to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work.
The terms of his employment may be express or implied and whether or not such person is employed in a managerial and administrative capacity. But the term ’employee’ does not include a person who holds a post under the Central Government or a State Government and is governed by any other Act or by the rules providing for payment of gratuity.
In Seth Surajnial Jalan Balika Vidhalaya (Secondary School) vs. the Controlling Authority, court held that the teacher cannot be said to be an employee within the meaning of the Act and conferring the benefits of the Act is illegal.