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Originally posted by :Sheeba |
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I have worked in a private unaided school in Rajasthan state for 25 years as U.D.C. The management refused to pay me the gratuity stating that there is no statutory provision for payment of gratuity to the employees of unaided institution as per rule 82 of the Rajasthan Non- Govt Educational Institution Act 1989.
Am I entitled for gratuity?
Is there any provision for the payment of gratuity to the private unaided educational institutions ministerial staffs. Then please forward me the concerned rule.
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Dear Ms. Sheeba, You shall be entitled to gratuity even if your svhool s unaided provided it is a recognised one. Central Government has issued a notofication which says that a school shall be an establishment for the purposes of the Payment of Gratuity Act vide notification dated April 3, 1997 issued by the Central Government under Section 1(3)(c) of the Payment of Gratuity Act, 1972, specifying the educational institutions employing ten or more persons as a class of establishments to which the Act shall apply with effect from April 3, 1997. Send them this judgment : General Education Academy vs Sudha Vasudeo Desai And Ors. 2001 (89) FLR 1015, (2001) IILLJ 273 Bom wherein it was held that : "18. I, therefore, in the facts and circumstances of this petition and the provisions of the Payment of Gratuity Act, hold and declare that the definition of "employee", Section 2(e) of the Payment of Gratuity Act includes and covers in its compass the class of teachers employed in an establishment of a school and are therefore entitled to the benefits of payment of gratuity in accordance with provisions of the Act. Moreover, I am bound by the judgment of our Division Bench in the case of Premlata (supra) which is directly governing the point in this petition."
