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SHAH BANO   28 January 2018

Eligibility for Gratuity.

I was retired on March17 from a u.p. govt aided college as a asst. Teacher post after completing 62 years of my active service. Plz tell me if I am eligible for Gratuity or not?


Learning

 16 Replies

R.Ramachandran (Advocate)     29 January 2018

Whether the School authorities are refusing to pay you the Gratuity?

If so, what reason do they state?

SHAH BANO   29 January 2018

I again contacted the college and they replied that u have completed ur 62 yrs of service so u are not eligible for Gratuity, if u take ur retirement at completion of 60 years then only u are eligible for Gratuity ie.16 months of salary. Waiting for ur valuable reply.

G.L.N. Prasad (Retired employee.)     29 January 2018

The authorities are misleading you.   There are many sincere advocates that can contribute their skills in guiding a teacher.   The Unions/Associations are very influential and powerful.   Approach any Union/Association or Labour Commissioner to get the gratuity at the earliest.

P. Venu (Advocate)     29 January 2018

Why you are going by verbal communication? Apply for the retirement benefits in writing (in the prescribed format, if any). 

SHAH BANO   29 January 2018

Plz tell me where should I got the format or where I have to lodge complaint.

SHAH BANO   29 January 2018

Plz tell me where should I got the format or where I have to lodge complaint.

SHAH BANO   29 January 2018

Plz tell me where should I got the format or where I have to lodge complaint.

Kumar Doab (FIN)     29 January 2018

Have you downloaded the Gratuity Rules of the establishment?

If yes, which Gratuity Rules apply?

Who is controlling authority for payment of gratuity as per Gratuity Rules?

You were in teaching faculty from day1?

Pls attach the rules in this thread.

You may erase the names/logo/address/phone/names etc to maintain the confidentiality.

 

Or post the extract….

Or post the link

Kumar Doab (FIN)     29 January 2018

Simple thing that you must do is to write under proper acknowledgment that ‘Notice of determination of Gratuity’, payment of Gratuity, and requisite form has not been supplied to you till date despite your representations in person/by phone/emails/letter on dated……..to Mr/Ms……….designation……name of establishment……….address……and same be supplied to you immediately..by Redg/sped post from post office. Download tracking report from Indiapost website, and get POD from PO. Mention your DOJ, LWD, designations (with periods), and last drawn Basic+DA….

You can take an idea on how to draft/write from applicable forms say; FormI…

Kumar Doab (FIN)     29 January 2018

 

Assuming that Payment of Gratuity Act applies…………..to establishment and you are eligible…

THE PAYMENT OF GRATUITY ACT, 1972

GO thru sec;1,2A,4,7,9

https://maitri.mahaonline.gov.in/pdf/payment-of-gratuity-act-1972.pdf

 Assuming that you were a teacher from day1; and Payment of Gratuity Act applies then you are certainly eligible from year 1997 to LWD.

You may pick up the relevant points/attachments/Act/Rules/Bill/citations/judgments  from;

https://www.lawyersclubindia.com/forum/Is-the-private-school-teachers-applicable-for-gratuity--92288.asp

Kumar Doab (FIN)     29 January 2018

 

 

In case you were not a teacher from day1 then if the Act applies to establishment from your day1 (DOJ) then you are eligible from Day1………….

In case you became a teacher later………..i.e. after Day1……….then from that the day (date/month/year) you became teacher  relate with as explained/attached above…….and claim Gratuity…..

If some other Gratuity Rules applies in your state to your establishment from your day1 (DOJ) that entitles you for payment of Gratuity (even if you were teacher from day1) then claim Gratuity…..in accordance with rules……………

 If some other Gratuity Rules applies in your state to your establishment from your day1 (DOJ) and later Payment of Gratuity Act applied then claim Gratuity…..in accordance with respective rules……………

If establishment does not reply to your representation under proper acknowledgment as suggested above……….then approach controlling authority  that is well described in applicable rules….

If you are unable to handle on your own, you may approach seasoned employee’s union leaders, seasoned authorized representative, …………..a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having a successful track record….

Dr J C Vashista (Advocate)     30 January 2018

Are you sure in your statement wherein you have repeatedly stated that you have "served for 62 years"? If so, you must be more than 80 years of age, is it?

Really GREAT TEACHERS in UP.

SHAH BANO   30 January 2018

I retired at the age of 62 now plz tell Dr J C vashista wat shall I do to claim my gratuity?

SHAH BANO   30 January 2018

I retired at the age of 62 now plz tell Dr J C vashista wat shall I do to claim my gratuity?

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