It is felt that:

The schools under the control of local bodies were covered under the Act with effect from 8.1.1982. The employees of the Government schools are already entitled to gratuity under the extant rules of the Government governing gratuity and pension but the employees of the private schools were having no legal entitlement to gratuity. As gratuity is an old age retiral social security benefit, it was considered desirable to extend the benefit of the Payment of Gratuity Act, 1972 to all employees employed in all educational institutions having ten or more persons. Accordingly, the Central Government extended the provisions of Payment of Gratuity Act, 1972 to the educational institutions employing 10 or more persons vide the Ministry of Labour and Employment Notification No. S.O. 1080 dated 3 April 1997. The Notification came into force w.e.f 19.4.1997, date when it was published in the Gazette of India.The definition of “employee” under section 2 (e) of the Payment of Gratuity Act, 1972, was modified and the Government has made the amendment with retrospective effect from April 3, 1997.

Gazette Notification is enclosed.

Also enclosed is the Judgment of 2012 of Bombay HC delivered citing SC judgments and should help you.

Kindly post the developments in this thread as it shall help many who visit the forum.

If you have submitted the request for the payment of gratuity by a letter/application or FormI ,under acknowledgment you may retain it carefully.

THE PAYMENT OF GRATUITY (CENTRAL)

RULES, 19721

7. Application for gratuity.-(

Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement.

Payment of Gratuity Act, 1972

Section: 7
Determination of the amount of gratuity.

(1) A person who is eligible for payment of gratuity under this Act or any person authorised, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed, for payment of such gratuity.

(3A) If the amount of gratuity payable under sub-section (3) is not paid by the employer within the period specified in sub-section (3), the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the Central Government from time to time for rep

As per Gratuity Act and ammendments, teachers in un-aided private schools/colleges are not eligible for gratuity. 

It is felt that as per amendment teachers at the primary,secondary,collge level of unaided institutions are eligible for grauity, with retrospective effect from April 3, 1997. The unaided schools/colleges/institutions should have arranged for compulsory insurance from LIC,Policy from LIC to bear the payments or the employers should pay from their own resources.

Valuable advice of learned experts/members is sought.