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Graduity related query

(Querist) 02 June 2017 This query is : Resolved 
My father retired as teacher in private school in july-2016. he joined his job from january 1981.
his employer is ready to give gratuity since 1997 which is 19 years as he says that rule has retrospective effect from 1997.
is my father not eligible to get gratuity from his joining date that is 35 years?

please clarify.
Kumar Doab (Expert) 03 June 2017
The employer is right.


Employer may provide; Notice of Determination of Gratuity, Payment of Gratuity.

Rajendra K Goyal (Expert) 03 June 2017
Agree with the expert.
Kumar Doab (Expert) 03 June 2017
Thanks for agreeing Shri Rajendra K Goyal.
Kumar Doab (Expert) 03 June 2017
You may go thru:
http://www.lawyersclubindia.com/forum/Is-the-private-school-teachers-applicable-for-gratuity--92288.asp

http://www.lawyersclubindia.com/forum/Gratuity-to-teachers-66082.asp

http://www.lawyersclubindia.com/forum/Re-gratuity-eligibility-for-nursery-teachers-106658.asp

http://www.lawyersclubindia.com/forum/Gratuity-for-private-engineering-college-66866.asp



and can download the Act, citations.


Kumar Doab (Expert) 03 June 2017
"My father retired as teacher in private school in july-2016."



The employer has to supply the Notice of Determination of Gratuity , Payment of Gratuity within 30 days on its own even if NO application is submitted by employee.
If not, the employer may pay interest @10%pa for the delayed period.



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