Gratuity rule for unaided schools in maharashtre
Sunita Saraswat
(Querist) 24 December 2017
This query is : Open
I have served as a teacher in unaided school for 26 yrs and retired on 7/8/17. My school management said you are not entitled to get gratuity but ex-gratia amount. I want to know my right to get gratuity. Please guide
P. Venu
(Expert) 25 December 2017
Is it your case that you have submitted the due application for gratuity and it has been rejected?
Kumar Doab
(Expert) 25 December 2017
GO thru the appointment letter, service agreement, contract of employment etc .....and Gratuity Rules applicable to the establishment....................and post the relevant extracts or attach.
Remove names/address/logo/email id's/phone numbers etc etc to maintain confidentiality...
Kumar Doab
(Expert) 25 December 2017
Generically Speaking; Payment of Gratuity Act, 1972 may apply;
http://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf
GO thru; Sec;1, 4(5) ,7
Gratuity= { ( Basic+DA)/26*15*No. of Years in service}
If by Ex, Gracia employer means that the payout shall not be subjected to tax treatment (like gratuity) and offer better terms/higher payment then what wrong do you see in reply of employer!
Kumar Doab
(Expert) 25 December 2017
Have you submitted any written communication to employer under proper acknowledgment mentioning that 'Notice of Determination of Gratuity', payment of Gratuity, forms for payment if any has not been supplied to you till date?
Has employer supplied any written reply?
Kumar Doab
(Expert) 26 December 2017
Per MEP;
If the scales of pay and allowances, post-retirement and other benefits of the employees of any private school are less favourable that those provided by the rules made under sub-section (1), the Director shall direct in writing the Management of such school to bring the same up to the level provided by the said rules, within such period or extended period as may be specified by him
You may write to Head of establishment and Director and exhaust option per rules.
Kumar Doab
(Expert) 26 December 2017
The rules might be having provisions to BLACKLIST errand employers,establishments, and in process tier Attorney's.
