Teachers not covered under Payment of Gratuity Act

The Supreme Court in the case of Ahmedabad Pvt. Primary Teachers' ... vs Administrative Officer And Ors has held that teachers are not workmen and as such are not covered under the Payment of Gratuity Act. The said decision can be accessed in the following link. https://indiankanoon.org/doc/494100/

The Supreme Court in the case of Ahmedabad Pvt. Primary Teachers' ... vs Administrative Officer And Ors has held that teachers are not workmen and as such are not covered under the Payment of Gratuity Act. The said decision can be accessed in the following link. https://indiankanoon.org/doc/494100/

The Supreme Court in the case of Ahmedabad Pvt. Primary Teachers' ... vs Administrative Officer And Ors has held that teachers are not workmen and as such are not covered under the Payment of Gratuity Act. The said decision can be accessed in the following link. https://indiankanoon.org/doc/494100/

The Supreme Court in the case of Ahmedabad Pvt. Primary Teachers' ... vs Administrative Officer And Ors has held that teachers are not workmen and as such are not covered under the Payment of Gratuity Act. The said decision can be accessed in the following link. https://indiankanoon.org/doc/494100/

If there is any latest govt circular in your notice as in query then IT may posted.

If IT is some news then pls post the links.

If there is any latest govt circular in your notice as in query then IT may posted.

If IT is some news then pls post the links.

If there is any latest govt circular in your notice as in query then IT may posted.

If IT is some news then pls post the links.

If there is any latest govt circular in your notice as in query then IT may posted.

If IT is some news then pls post the links.

If there is any latest govt circular in your notice as in query then IT may posted.

If IT is some news then pls post the links.

In the meantime you may carefully go thru following that is very much well known also;

Supreme Court of India

Ahmedabad Pvt. Primary Teachers' ... vs Administrative Officer And Ors on 13 January, 2004

Bench: Shivaraj V. Patil, D.M Dharmadhikari

https://indiankanoon.org/doc/494100/

 

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 27 

Case :- WRIT - C No. - 1195 of 2000 

Petitioner :- Zila Basic Shiksha Adhikari Kanpur & Another 
Respondent :- Prescribed Authority, Payment & Others 
Petitioner Counsel :- P.K. Sharma 
 

https://www.google.co.in/search?source=hp&ei=ryApW6nANZe8rQG_sZGwBg&q=Petitioner+%3A-+Zila+Basic+Shiksha+Adhikari+Kanpur+%26+Another++Respondent+%3A-+Prescribed+Authority%2C+Payment+%26+Others+&oq=Petitioner+%3A-+Zila+Basic+Shiksha+Adhikari+Kanpur+%26+Another++Respondent+%3A-+Prescribed+Authority%2C+Payment+%26+Others+&gs_l=psy-ab.3...1330.1330.0.1716.1.1.0.0.0.0.0.0..0.0....0...1c.1.64.psy-ab..1.0.0....0.pd09mLRLh4E

and subsequently ;

Andhra High Court

The Secretary, Siddhartha ... vs The Appellate Authority Under The ... on 13 September, 2012

https://indiankanoon.org/doc/144031902/

MAHENDRA SINGH CHHABRA VS. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT

https://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=411102882000

Delhi High Court

Jai Prakash vs Directorate Of Education And Ors on 4 December, 2014

https://indiankanoon.org/doc/121163338/

 

Chattisgarh High Court

St.Xaviers H.S.School vs State Of Chhattisgarh And Ors on 11 December, 2015

https://indiankanoon.org/doc/128519965/

 

 

Circular of Association;

https://www.enggassociation.org/Gratuity.pdf

Discussion in threads that have due illustration and narration of commentary in the Bill, amendment in the Act, citations..

 

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

https://www.lawyersclubindia.com/forum/Gratuity-to-teachers-66082.asp

https://www.lawyersclubindia.com/forum/details.asp?mod_id=6887&offset=1

https://www.lawyersclubindia.com/forum/Re-gratuity-eligibility-for-nursery-teachers-106658.asp

https://www.lawyersclubindia.com/forum/Gratuity-for-private-engineering-college-66866.asp

https://www.lawyersclubindia.com/forum/Entitled-for-gratuity--96933.asp

Till the said circular from Govt is posted the above should suffice including reference to judgment in case of Ahmedabad Pvt. Primary Teachers' ... vs Administrative Officer

In the absence of any such circular the judgment in case of Ahmedabad Pvt. Primary Teachers' ... vs Administrative Officer may not affect the teachers being covered by Payment of  Gratuity Act, 1972 and amendments ..

Thanks for your prompt and detailed reply.
Let me put my query in detail.
I have resigned as a teacher from a private permanently unaided minority school after a service of 10 yrs.
1.My school told me due to some government circular Teachers are now not under preview of Payment of Gratuity Act hence my Gratuity will NOT be calculated by formula:
Your monthly salary (Basic and dearness allowance) multiplied by Number of years of service x 15/26. But will be calculated by some income tax formula..
Last 10 month’s average salary (basic + DA)× number of years of employment ×1/2.
There is difference of around 15 percent in both calculations.
2.During my service salary was given as lump sum amount without any breakup of Basic, DA, HRA etc. Also i was never informed formally by school about my salary breakup during my service. Now for the purpose of calculation of gratuity they should consider the full last drawn salary. Or they can consider a break up of Basic + DA of there own(which was never informed to me).
In this situation I will receive much less gratuity than I'm entitled to. What should I do? Kindly advice
Is this correct..?