Applicability of gratuity
MOHAN JAIN
(Querist) 10 February 2017
This query is : Resolved
Please let me know applicability of gratuity Act in Schools or not?
MJ
R.K Nanda
(Expert) 10 February 2017
state real facts, if any.
rajeev sharma
(Expert) 10 February 2017
Application of Gratuity Act [Section 1]:-
Every mine, factory, oilfield, port, plantation and Railway Company.
Every establishment or shop within the meaning of any law for the time being in force in relation to establishment and shops in a State, in which ten or more employees are or were employed on any day in the preceding twelve months.
Such class of establishment or other establishments, in which ten or more workers/employees are or were employed on any day in the preceding twelve months, as notified by Central Government of India by way of a notification in the Official Gazette.
If the provisions of the Gratuity Act 1972 become applicable to an establishment or shop once, the Act shall continue to apply to such establishment or shop even if the number of workers/employees falls below ten at any time in the future.
Adv. Yogen Kakade
(Expert) 10 February 2017
please mention the facts of the case. This is a forum,, not the information desk
Rajendra K Goyal
(Expert) 10 February 2017
Academic query.
State material facts of the problem if any.
How are you concerned / related with the query?
Looks like examination question.
Kumar Doab
(Expert) 10 February 2017
Your query is for applicability of Act to school or employee in school or teacher in school?
Pots full details and also what is this school; under some local bodies, private ,govt etc ?
MOHAN JAIN
(Querist) 27 February 2017
As per requirement of experts, facts of the matter as under:
"My wife had worked in Private School (CBSE Pattern, having approx. 750 Students & 30 Teachers) in M.P. as Teacher about 7 years. Her last salary was Rs.10000/- P.M. She left school in last month. Now School management is refusing gratuity & saying gratuity is not applicable to teacher as per Gratuity Act.
Please let me know applicability of gratuity to Schools Teachers or not?
Kumar Doab
(Expert) 27 February 2017
Sec;2(e) was inserted to make it applicable to Teachers working in schools like in case of your wife with retrospective effect from 1997.
Submit FormI under proper acknowledgment and mention that 'Notice of Determination of Gratuity' and payment has not been supplied despite representations by phone/in person/by letter/email etc etc ............
If Gratuity has not been paid within 30days from LWD then employer has to pay interest @10%.
