Gratuity

vijay (Querist) 25 March 2015 This query is : Resolved
I have worked as librarian for six years in private school. After resignation I am told that gratuity is payable on comletion of 10 years. Is it legally correct. i am under the impression that gratuity is paid if the employee has completed 5 years.

Will appreciate clarification & guidance.

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Guest (Expert) 25 March 2015
You have been informed wrongly. You have become eligible for gratuity after 5 years of service.

Rajendra K Goyal (Expert) 26 March 2015
Claim your gratuity claim, you are eligible.

vijay (Querist) 26 March 2015
Thanks. would you suggest me if I need to quote rules/provision applicable to them for gratuity payment after completion of 5 years since they are replying to me that in school they pay after 10 years ( which I know is wrong)

Guest (Expert) 26 March 2015
Apply on prescribed Form-I, which in itself contains the requiste section of the Payment of Gratuity Act. Wait for the response and only after than come to this forum, if you feel any problem.

ajay sethi (Expert) 26 March 2015
agree with dhingraji

vijay (Querist) 26 March 2015
Thanks Mr Dhingra & Mr Goel for quick advise. I will come back in case I have problem

Guest (Expert) 26 March 2015
You are welcome.

Kumar Doab (Expert) 26 March 2015
Agreed with experts.

Your thanks to experts is also appreciable.

You may add that Notice of Determination of Gratuity has not been supplied despite representations in office/in person/by phone/email etc to Mr/Ms....................and a misleading reply was given that...........................to avoid payment of Gratuity.

Come back if you face any difficulty.

T. Kalaiselvan, Advocate Online

(Expert) 29 March 2015
Well advised by experts, you may follow the suggestions made.

vijay (Querist) 23 February 2016
I have worked for SVKM International school for six years as Librarian. As per your opinion I applied for gratuity but was told they are following Maharashtra Service rules for education and according to them gratuity is payable after completion of ten years.
Pl advise.

Kumar Doab (Expert) 23 February 2016
In your query in your 1st,2nd post you have not mentioned that you were in Maharashtra.

First of all you must avoid verbal communications and demand written reply, as saying is verbal mode and difficult to prove.Moreover if you have submitted FormI then employer should reply in writing.

If you possess proper acknowledgment of FormI then you are better.

You must also record verbal communications audio/visual/minuted/witnessed).

You need to determine and find out on your own, (than to let your past employer state verbally/by saying that it is following some 'Maharashtra Service rules for education') that which service rules shall prevail and apply to your designation in a private school in Maharashtra?

You may check if it is some 'Maharashtra Service rules for education' OR The Maharashtra Employment of Private Schools Rules, 1981?

You may also check your school is affiliated with which board e.g; CBSE? If yes you may also go thru CBSE Affiliation bye laws!

Once you have determined correctly you may go thru correct clauses that apply to your designation.

You may also determine if Payment of Gratuity Act,1972 shall prevail upon so called 'Maharashtra Service rules for education' stated by saying/verbally by your past employer.

For your information Maharashtra also has 'Maharashtra Payment of Gratuity Rules' framed in line and spirit of Payment of Gratuity Act,1972.

If you are unable to handle entrust the matter to an able counsel specializing in such/labor/service matters.

Kumar Doab (Expert) 23 February 2016
Simply said you may find on 'Service Rules for librarian in private school in Maharashtra'

Gratuity

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