Gratuity refused by employer

You may move to labour court

what about your PF has the school depsited the same.

Kindly revert on PF as adviced by Mr. Sudhir Kumar.

It is felt that your employer has given a foolish reply that too thru RTI and shall have to bang his head now.

Did you submit FormI to employer under acknowledgment? Do you have the copy of FormI { or any other form as applicable at that time}.If yes submit the fresh photocopy with copy of RTI reply to Controlling Authority of gratuity at your location which may be ALC.

Valuable advice of learned experts/members is sought.

Teachers were included in definition of employee by amending the definition of employee in sec 2{e} of THE PAYMENT OF GRATUITY ACT, 1972.

The Government has made the amendment with retrospective effect from April 3, 1997.

Section: 4
Payment of gratuity.

(1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, -

(a) on his superannuation, or

(b) on his retirement or resignation, or

(c) on his death or disablement due to accident or disease:

Section: 7
Determination of the amount of gratuity.

(2) As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount gratuity so determined.

(3A) If the amount of gratuity payable under sub-section (3) is not paid by the employer within the period specified in sub-section (3), the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the Central Government from time to time for repayment of long-term deposits, as that Government may, by notification specify:

Thank you all for your kind guidance.

Yes, employer deposited PF amount and I have taken the withdrawal of PF amount leaving the portion gone to pension fund as my service was above 10 years.

About Form1, As there was no practice of guiding the employees on their benifits on resignation hence no form was filled ever.  However, after full & final clearance when I wrote about gratuity attaching some relevant rules from 'School Manual' then it was replied by the School Principal that "I am not eligible as I have resigned not retired"

Basically, it is will and wish of the management to give the gratuity to persons resigning.... like lala's business...

Produce photcopy of the form I or whatever applicable at the time of last day in office. Delay  be justified.

Did employer deposit gratuity with controlling authority??????

Your letter for gratuity, rules from school manual, reply of principle, RTI reply recived in 2009/10 should help.

Even a Lala has to pay gratuity.

Even big companies can and they do behave like or even worse than Lala.

Why should a lala or corporate which does not want to pay Gratuity educate an employee?

The dispute is raised by employer.Employer should have deposited the amount with controlling authoritry.

Section: 7
Determination of the amount of gratuity.

(4)

(a) If there is any dispute as to the amount of gratuity payable to an employee under this Act or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, the employer shall deposit with the controlling authority such amount as he admits to be payable by him as gratuity.

(b) Where there is a dispute with regard to any matter or matters specified in clause (a), the employer or employee or any other person raising the dispute may make an application to the controlling authority for deciding the dispute.]