Mr. Rajesh Tandon has added interesting dimensions to the thread and has taken the discussion further.
Bombay High Court decision as recent as Feb, 2012:
The President/Secretary vs Shri Pradipkumar S/O ... on 21 February, 2012
“There is no escape but to hold that a Teacher is an 'employee' within the meaning of Section 2(e) of the said Act and hence the provisions of the said Act are applicable.
There is no challenge to the judgments and orders passed by the Authorities below on merits. Hence, no fault can be found with the view taken by the Authorities below.”
IN this judgment Learned judges of the honorable have referred to Payment of gratuity Act (Amendment ) 2009, introducing Sec 13A, judgment of supreme court in appeal filed by Ahmadabad Private Primary Teachers’ Association, Ministry of Labour & Employment vide number S.O.1080,dated the 3rd day of April, 1997 and has left nothing to speculations. In fact all speculations have been put to rest.
Kindly note that the ALC, appellate authority have not erred and have implemented the directions in toto. It is the employer who wanted to burden the employee with litigation.
The employers of teachers should give up throwing tantrums and pay gratuity, without any delay.
Teachers should also submit formal request for payment of gratuity and FormI a month before effective date of resignation {in case notice of resignation is submitted} under proper acknowledgment. If employee has served notice of resignation employee has notified date of retirement.
THE PAYMENT OF GRATUITY (CENTRAL)
RULES, 19721
7. Application for gratuity.-(1)
Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement.
This time if the employer is throwing tantrums, you may demand for exemplary punishment.
It is felt that honorable Supreme Court analyzed the situation and plight of teachers, and prompted the executive to take a qualified note and take appropriate decision and executive read between the lines/has not violated the guidelines, and things were put in order.
“Our conclusion should not be misunderstood that teachers although engaged in very noble profession of educating our young generation should not be given any gratuity benefit.”
The lapses responsible for plight of the employees have been removed and situation has been put in order.
Kindly go thru the attachment:
706342360_gratuity to teachers the payment of gratuity amendment bill 2009.pdf
and gazette notification which are already posted.
The matter is self explanatory. Hope your purpose is solved.
Kindly post the judgments passed in other states as well and let us compile in a folder and support fellow citizens.
Penalties for Non-Payment of Gratuity:
Where the offence relates to non-payment of gratuity payable under the Act, the employer shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year or fine which shall not be less than 10 thousand rupees but extend to twenty thousand rupees or both.
