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shweta khandelwal (SENIOR EXECUTIVE )     01 February 2014

Private school teachers gratuity effective from which date??

Dear Sir,

Its well elaborated in different queries that Gratuity act is applicable for private school teachers.Act says this rule will be effective retrospective effect from 03/04/1997.A teacher has joined a school in year July 1989 and resigned in May 2013.Can u please clarify the Gratuity to be paid .will it be paid since joining date or from 3/04/1997 ??

Another Teacher joined school in November 1990 and resigned on October 1998.Will this teacher be eligible for Gratuity ????



Learning

 14 Replies

Kumar Doab (FIN)     01 February 2014

Gratuity is gratutous payment by employer to employee for long service.

It is social security tool. The Payment of Gartuity Act 1972 is s statue and has stutory force.

The employer can provide superior  benefits compared to provisions of the Act but can not provide inferior benefits.

You may go thru…………….Section: 4:Payment of gratuity: (5)

Employer can pay Gratuity even if employee is not eleigible.

The employer can pay Gratuity from DOJ in both cases.

Both employees have been in employement for >5Y.

If the employer is unwilling to pay Gratuity for period before 1997 it has to pay for period from  1997 onwards.

 

You may go thru:

https://www.lawyersclubindia.com/forum/Is-the-private-school-teachers-applicable-for-gratuity--92288.asp#.UuyKe0eBmXU

 

 

shweta khandelwal (SENIOR EXECUTIVE )     09 February 2014

Sir,

Employers are always willing to pay only the compulsion amount.Do you mean that in second case where the teacher has resigned in 1998, is eligible to receive only one year gratuity amount. 

Kumar Doab (FIN)     09 February 2014

It is not clear what is this ‘compulsion amount’ mentioned by you?

It is reiterated that:

Employer can pay Gratuity even if employee is not eligible.

The employer can pay Gratuity from DOJ in both cases.

Both employees have been in employment for >5Y.

 

If the employer is unwilling to pay Gratuity for period before 1997 it has to pay for period from 1997 onwards.

shweta khandelwal (SENIOR EXECUTIVE )     11 February 2014

Sir,By Compulsion I mean...Minimum amt to be paid as per law.

No employer is willing to pay before 1997. That means a teacher is eligible to get 17 yrs gratuity even if he has worked for 25 yrs in the School.

Kumar Doab (FIN)     11 February 2014

YES, in case of teachers in private establishments for benefit of whom the act was amended with retrospective effect from 1997.

Therefore teachers may think of approach that could convince the employer willingly from period before 1997. 

shweta khandelwal (SENIOR EXECUTIVE )     26 February 2014

FYI. Recently a judgement given by Indore labour court stated the payment of gratuity to school teachers from their date of joining not from 1997.

Kumar Doab (FIN)     26 February 2014

Post the copy of judgment or link or title for benefit of everyone.

This forum is successful due sharing by its members.

Kumar Doab (FIN)     26 July 2015

Did you refer to the following judgment:

 

 

MAHENDRA SINGH CHHABRA VS. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT

 

High Court Of Madhya Pradesh

Decided on March 14,2011

 

MAHENDRA SINGH CHHABRA Appellant

VERSUS

APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT Respondents

 

https://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=411102882000

Kumar Doab (FIN)     26 July 2015

Confirm the judgment that you have referred..

sharath   01 October 2015

sir 

I joined a private college in march 1997, and left the college on 2006.Now can I apply for gratuity

kindly guide me 

sharath

Kumar Doab (FIN)     01 October 2015

As already explained in this thread teachers of private schools are eligible with retrospective effect from 1997.

 

The employer has to ........................on its own supply the notice of determination of Gratuity, and Payment of Gratuity even if employee has not submitted any application........................And if the employer has not tendered the payment within 30 days of separation of employee it has to tnder interest @..................(last it was 10%pa).

 

There is no limitation.

 

You might have sent FormI by ordinary post and may show it as and when required.

 The employer is likely to agitate on delay in application by employee however the employee may persist that the employer has neither supplied notice of determination of Gratuity, and Payment of Gratuity (and has not produced the proof of letters/redg. post sent by employer being returned from address of employee).

 

If need be delay can be condoned.................................and you may go thru:

"landmark judgment of Punab high court for condonation of delay in payment of gratuity"

 

and download if from following threads:

 

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp

 

 

https://www.lawyersclubindia.com/experts/gratuity-490411.asp#.Vg0vV31-jMo

 

 

 

 

 

 

 

Kumar Doab (FIN)     15 November 2015

In previous posts a judgment has been cited, that may be taken up with your own counsles, for considered opinion and further action:

 

High Court Of Madhya Pradesh

Decided on March 14,2011

 

MAHENDRA SINGH CHHABRA Appellant

VERSUS

APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT Respondents

 

The court has seemingly decided to award gratuity for period before 1997 also......

 

" the Controlling Authority has passed an order directing payment of gratuity by taking into account 44 years of service, amounting to Rs.250546/ -. ..............................................this Court is of the considered opinion, that the services rendered by the petitioner on the post of teacher are required to be taken into account for the purposes of calculation of gratuity and as the same has already been done earlier on 28 -3 -03 by the Controlling Authority, the respondent No. 2 is directed to pay the gratuity amount to the petitioner as quantified by the Controlling Authority, vide order dated 28 -3 -03. The impugned order passed by the Appellate Authority dated 4 -3 -06 is quashed and the order passed by the Controlling Authority dated 28 -3 -03 is upheld."

Shama Naik Mhatre   10 February 2020

Originally posted by : shweta khandelwal

FYI. Recently a judgement given by Indore labour court stated the payment of gratuity to school teachers from their date of joining not from 1997.

Amandeep Kaur   04 April 2023

Dear , mam I want that judgement.. 


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