Re- gratuity eligibility for nursery teachers

Dear Members / Experts,

Kindly advice if Nursery Teacher of a Govt Aided School (not in Govt Service) is eligible for Gratuity  under Payment of Gratuity Act 1972?

 One of my relative henceforth will be named as  “X”  has worked as Nursery Teacher in a Government Aided School in Bangalore, Karnataka.

Though the school was government aided, “X” was not in government service.  Most of other teachers were in government service, barring a few Teachers say 2 to 3 were working in the school were not in government service  and the salary was given by the management of the school.

 “X” worked in the school as nursery teacher from June 1987 to March 31,2009, continuously for a period of 22 Years and retired on attaining age of 58 as required.

 The school also initially did not have any PF Facility for such  teachers as the number of teachers under management (i.e., in Non-Government Service) were less than the required limit as stated, however subsequently the number of employees increased over the years(under the management), and the school was imposed penalty for not having PF Facility & asked to make good the default  for Non –Payment of PF by Penalty / Fines  under PF Act.

“X” and other Non-Govt Teachers recently availed their PF / Pension for the service rendered .

Now my Question are as follows :-

1.      1.  Can “X” having worked as Nursery Teacher (under Management) in a Government Aided School eligible for      gratuity for  22 year services rendered ?? (When they are eligible for PF, will they not be eligible for Gratuity         as    min no. of persons required would be 10 or more )

2.       2..  Is there any law which does not recognize the services of Nursery Teachers  vis-à-vis with Primary            Teachers / High School Teachers for Gratuity ??

3.     As per Section 2(e) of Payment of Gratuity Act 1972, as amended if any,  will “nursery teacher”, be covered          under the definition of “Employee” ??

 4.       If Gratuity is applicable, then from which year  it will be applicable??

        (I.E., Date of Joining  Year 1987, or when Total  Employees were 10 at any given point of time, or from the         year 1997 onwards where the Payment of Gratuity (Amendment ) Act 2009, came into force w.e.f 03^rd April          1997 retrospectively reference Notification No. S.O. 1080 dated 3 April 1997.)

 5.       For the purpose of Gratuity, should the minimum number of employees 10 shall include Total Teachers           in school both under  government  & non –government service   OR only teachers/staffs in Non-           Govt.Service ??

 6.       If gratuity applicable, please advice how to proceed further, whom to approach and claim gratuity?? Need         contact numbers / address if any  in Bangalore.

 7.       Is there any prescribed time limit post retirement within which gratuity needs to be claimed ??                              (“X” retired in 2009 and its 5 years as on that.)

 Request your reply / advice at the earliest possible.

 Thanks in advance.

 Regards

Santosh