Gratuity denied
Mugdha
(Querist) 14 July 2018
This query is : Resolved
Hi,
This is for my parents who were denied gratuity. They worked in a school as school principal (father) and senior teacher (mother) from 1993-2005. When they resigned, they asked for gratuity but were refused. I have a few questions in this regard:
1. Can they still seek this private school to give them their gratuity amount with interest?
2. If yes, what would be the process?
3. My father passed away in 2016, how should we proceed in his case?
Please guide me in this process.
Looking forward to hearing from you soon.
Thank you.
Mugdha Bhattacharya
Dr J C Vashista
(Expert) 15 July 2018
Nothing can be demanded on behalf of your father since he has died in 2016, that too 11 years after resignation/retirement.
What has been your mother doing during the elapsed period?
Consult a local lawyer practicing service matters.
Adv.Ambrose Leo
(Expert) 15 July 2018
I am Expert in Employment & Labour and service matter professional in Retiral benefits & gratuity under the Act.
Guest
(Expert) 15 July 2018
Any reason for not making any effort for the last 13 years? If efforts made, what were those and with what result?
Kumar Doab
(Expert) 15 July 2018
Teachers in private schools were covered in Payment of Gratuity Act, 1972 with retrospective effect from 1997.
Payment of Gratuity Act, 1972 is beneficial social security enactment and courts of law have taken pro-employee stances..
The employee, nominee, and legal heirs should also remain vigilant and act in time..
Kumar Doab
(Expert) 15 July 2018
There are many threads on queries posted for/by teachers at LCI also that you can search by searching in SERACH option in threads, Articles e.g;
http://www.lawyersclubindia.com/forum/Is-the-private-school-teachers-applicable-for-gratuity--92288.asp
Article under my profile;
No Limitation to Claim Payment of Gratuity
http://www.lawyersclubindia.com/articles/No-Limitation-to-Claim-Payment-of-Gratuity-7582.asp?utm_source=article_mailer&utm_medium=email&utm_campaign=article_followup
Kumar Doab
(Expert) 15 July 2018
Did the employee i.e,. Principle and teacher ask for payment of gratuity in writing and did school decline to pay in writing?
What was the reason for declinature?
Search for record in files of your parents and try to find the written/acknowledged communication and POD.
Also go thru; Payment of Gratuity Act, 1972;1,2,2A,4.6,7
https://clc.gov.in/clc/sites/default/files/PaymentofGratuityAct.pdf
And rules framed by the state
e.g;
The Payment of Gratuity (Maharashtra) Rules, 1972.
http://esipf.com/labour-law/The%20Gratuity%20Act.pdf
And 1st of all determine if the Act applied to establishment as per provisions of section1..and for this reason establishment declined(on facts).
Kumar Doab
(Expert) 15 July 2018
Did your parents nominate anyone?
Hope you have the death certificate of parents and also legal heir certificate..
Hope you have the rules framed by local/state Directorate of Education for schools in the state.
You may discuss/approach leaders of united teachers forums, trade union leaders, and chose a seasoned ‘Authorized Representative’, very able LOCAL senior counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt…….to help you.
Check for such counsel at LOCAL O/o Controlling Authority of Gratuity ( ALCC/ALC/DLC) , Labor Court/CGIT, School-Educational tribunal, CAT, Civil Courts, HC
Mugdha
(Querist) 16 July 2018
Thanks so much for your responses. Yes, my parents did ask for gratuity when they resigned but it was not a written request. It was a verbal conversation and they were denied. I found out about this recently and checked online to know if they were cheated. I've read that someone was advised to submit form I to claim gratuity. Can we still do this before going the legal way?
Mugdha
(Querist) 16 July 2018
They worked in Gujarat. How different are gratuity laws in different states? From what I've read online (acts and bills), these are applicable countrywide.
H. S. Thukral
(Expert) 17 July 2018
I agree with Kumar Doab. It will not be an easy road for you for a long period has passed when the beneficiary retired from service. But the better part is that authorities under the Payment of Gratuity Act are from Labour Department and therefore the proceedings before them are less time consuming. There is no limitation provided under the act. since your father retired in 2005, when the present amendment to the Act entitling gratuity to the teachers was not there, denial of gratuity to him by the school management was not illegal. In the circumstances, I have reservations as to whether the payment would fetch interest on it. You can take help of any professional.
Adv.Ambrose Leo
(Expert) 17 July 2018
You are looking for claiming your Parents Gratuity as legal heir under the act or advice.
Kumar Doab
(Expert) 17 July 2018
Thanks for agreeing Mr. H.S.Thukral.
Kumar Doab
(Expert) 17 July 2018
As already posted above you may check if the provisions in Sec1 were satisfied.
If the provisions in Sec1 are satisfied (for any establishment) and Act applied to establishment there may not be any reason for declinature of payment of Gratuity.
You may go thru the record of your parents and check if nomination was made, and if employer supplied ‘Notice of Determination of Gratuity’, requisite forms if any………………and also if your parents submitted FormI.
Nominee or legal heirs can claim payment of Gratuity.
Payment of Gratuity Act is a statute and applicable Pan India and is a beneficial piece of legislation and gets liberal interpretation. Many states have also framed rules as per the Act including Gujarat.
The intention of the statute becomes highly relevant when an issue for rejection of a claim is pressed.
Payment of Gratuity is obligation on employer that employer has to obligatorily discharge.
Starting point for payment of Gratuity will be from the time when the employer disputes the liability.
The provisions in the enactments are indicative of the mandatory requirement to pay the dues admissible to an employee, who at time may not be aware of his rights.
This has been discussed above/ in links already provided above.
You may go thru the record of your parents and write (under proper acknowledgment) to employer to pay Gratuity and mention that ‘Notice of Determination of Gratuity’, requisite forms if any were not supplied and request to reply by letter thru redg/speed post only. If you wish you may attach postage prepaid self addressed envelope. The employer is under obligation to reply and may reply and may pay.
Kumar Doab
(Expert) 17 July 2018
You may also download and relate with state Act/rules/orders passed rules framed by local/state Directorate of education..e.g;
6 and thereafter..
http://www.edudel.nic.in/upload_2013_14/9202_08_dt_31052013.pdf
and try for the help …
Central Information Commission
Mrs. Kusum Kalra vs Director Of Education (Act ... on 29 May, 2009
https://indiankanoon.org/doc/1648157/
The provisions in the state Act/Rules may draw clear distinction between teacher and any other post say; Principle, Librarian..etc
The courts do not such distinctions…
issues of status are not to be decided with reference to stray thoughts conveyed by words used loosely in
Delhi High Court
M I Hussain & Anr. vs Director Of Education & Anr. on 21 March, 2014
Author: Pradeep Nandrajog
https://indiankanoon.org/doc/142919532/
Your father may not have performed duties of teacher.
If you wish you may visit the office and submit minutes if required under proper acknowledgment.
The state of Gujarat like Maharashtra has framed the rules
Gujarat The Payment of Gratuity Rules 1973
https://col.gujarat.gov.in/e-citizen-paytofgratutityact.htm
https://col.gujarat.gov.in/e-citizen-act-and-rule.htm
https://col.gujarat.gov.in/Images/lc/4-2018-The-payment-of-Gratuity-Act-1972-reduce.pdf
You may also go thru;
THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972-1
And (FormJ,K)
https://labour.gov.in/sites/default/files/ThePaymentofGratuityRules.pdf
If employer does not pay then legal heirs can approach appropriate govt and get to know the procedure and forms etc …
The principle may/may not have performed duties of teacher.
There are many threads on queries posted for/by teachers at LCI also that you can search by searching in SERACH option in threads, Articles e.g;
http://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49
and download judgments is matters of Teachers..and employees from above and links already provided to you.
Kumar Doab
(Expert) 17 July 2018
You are welcome.
Approach a very able LOCAL counsel as suggested.
Wish you the best.
Mugdha
(Querist) 20 July 2018
Thank you so much for all your advise and sharing this information :) I'll go through these and get back if I have any more questions. Thank you once again!!!!
Adv.Ambrose Leo
(Expert) 25 July 2018
Dear Experts,The Gratuity Act & All Laws specifically provide for Claiming the Gratuity in case of after death, the nominee or legal heir has to prefer the claim. In the instant case only details,advice,information etc., sharing is sought. Claim should have prefered then the process will start from the date of claim.No claim preferred No liability of the employer.
