Gratuity payment

vinayak mandrawadker (Querist) 18 March 2015 This query is : Resolved
I served an unaided pvt.engineering college for 16 years 10 months (1-12-1990 to 29-9-2007) I retired on 29-9-1997. College did not pay gratuity till a notice was sent in March,2014 thru ALC. They paid gratuity in June 2014. Now they say, they have paid 6 years gratuity more and asking me to refund when I have asked for interest on Gratuity amount.Whether teachers are eligible for gratuity only from 3/4/1997? Pl.answer.

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Kumar Doab (Expert) 18 March 2015
You are right that:

---Teachers in Private establishments were made eligible with retrospective effect from 1997, and Sec 2(e) was inserted in Payment of Gratuity Act

---Employer is liable to tender interest ( @10%pa) for the delayed period if Gratuity is not paid within 30 days.

Are they demanding refund from you verbally or in writing?

Have you demanded interest verbally or in writing? If verbally have you recorded the evidence? Who has demanded it?

Did the employer supply notice of determination of Gratuity or Not?

You can very well approach ALC again.

You may refer to and cite word....... 'WHOEVER'.........that contravenes provisions of the Act .................and avoids to pay Gratuity.............and provisions of penalty Rs.20000/..............with jail time as in Sec:9...

Guest (Expert) 18 March 2015
Well advised by Shri Kumar Doab.

Rajendra K Goyal (Expert) 18 March 2015
Agree with the advise of expert Kumar Doab.

vinayak mandrawadker (Querist) 18 March 2015
Thanks to Expert Shri Kumar Doab and Shri PS Dhingra, Shri Rajendra K Goyal for the immediate advices.
In our first notice we had demanded gratuity with interest in writing.
Opponent college has asked in writing for the refund.
Both cross examinations are over. 20th arguments will take place.
Employer did not supply the notice of determination of gratuity till the notice from ALC was served.
Like this the College has not paid gratuity for about 30 to 40 employees.

Kumar Doab (Expert) 19 March 2015
The Gratuity in Notice of Determination of Gratuity was calculated w.e.f. which year?

All affected employees may join hands.

The ALC/Controlling Authority shall decide the matter of Refund/Interest.

Guest (Expert) 19 March 2015
You may proceed further with the advice of Shri Kumar Doab.

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