Rukumar (No) 23 June 2014

Is it applicable to private medical institution

I am working in a Private Medical Teaching Institute where our salay structure is divided into Basic + HRA + Others, employer in not giving DA. My service is more than 9 Years. If i resigned will i be eligible to get Gratuity? Clerks says that This is a private college we do not have any provision of Gratuity? Right/ wrong. What is the procedure to get Gratuity after resigning from service? Do the employer is duty bound to pay Gratuity? if yes withing how many days after resignation? Regards Rukumar

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Kumar Doab (FIN) 23 June 2014

Refer Payment of Gratuity Act 1972: Sec1,2,2A,7,9

Even teachers are eligible for payment of gratuity with retrospective effect from 1997.

Submit Notice of resignation addressed to appointing authority, under proper acknowledgment preferably by Redg.Post. Mention NO tasks are pending at your end. Handover charge under proper acknowledgment. Build written record in your favor so that employer is not able to level any charge.

Employee can submit FormI (of course under proper acknowledgment) one month before date of retirement (by resignation in your case) so that employer may tender payment of gratuity along with FnF settlement on last day in office.

Even if NO application is made by employee employer has to tender payment within 30 days or shall have to pay interest for the delayed period@10%pa.

There is even provision for penalty, punishment with imprisonment in Sec9

There are many threads on Gratuity at:

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.U6fTRpSSwb8

that you may find relevant.