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Teachers not covered under Payment of Gratuity Act

Page no : 2

R.Ramachandran (Advocate)     20 June 2018

I could not complete my answer to the query as there was sudden snapping of internet connection. That is why there are repetition of the answer 4 times.

Now let  me comprehensively answer the query right from the beginning.

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/

However, in order to over come the above SC decision and to extend the benefit of gratuity tto the teachers, the Central Government, brought in Payment of Gratuity (Amendment) Act, 2009, whereby the definition of "employee" given in Section 2(e) was amended. 

According to the amended Section 2(e) “employee” means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment to which this Act applies, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity;’.

The amendment definition of "employee" being very wide, extends to "Teacher" as well and thus Teacher in the Schools are covered by the payment of gratuity act.

There are no subsequent Circular/Notification withdrawing the benefit of gratuity to teachers.

Your School Authorities are WRONG in saying that there is any Circular withdrawing the payment of gratuity to teachers.

Please forget about what your School Authorities say.  Please fill up the appropriate form (Form-I) - which you can access in the following link:

https://nclcil.in/infobank/formsncl/Gratuity%20Claim%20Form%20I.pdf

Submit through Registered Post.  Keep the postal receipt as well as the print out of the Tracking Report showing the Delivery status.

The Authorities are bound to either accept the Claim form and settle or reject the same by giving reasons.

Thereafter, you can decide the appropriate course of action.

BE REST ASSURED THAT YOU WILL GET YOUR GRATUITY AMOUNT.

But regarding the quantum of the grattuitty amount that is a different matter to be examined based on documents as you say that you were not given your salary break-up,

Ajit Gaykar   20 June 2018

Thanks for your prompt reply. If you have any information about quantum of gratuity as may be applicable to my case, please share.

R.Ramachandran (Advocate)     20 June 2018

As per section 2(s) of the Payment of Gratuity Act, 1972, “wages” means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance.

In terms of Section 4(2), For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned:

The maximum amount of gratuity payable to an employee under the payment of Gratuity Act has been fixed as Rs. 20 lakhs vide Notification S.O. 1420 (E). dated 29.3.2018.

Muralikrishina (Asst. Prof)     20 June 2018

Karnataka stamp act

 Total Replies : 1 

  A N VADIRAJA RAO     19 June 2018

what is the stamp duty for filing execution in karnataka on arbitral award. and kindly mention the  amendment year


  Muralikrishina     20 June 2018Whether the services of Consultants and Contractors of Software Companies attract Provisions of Minimum Wages Act 1948?

Kumar Doab (FIN)     20 June 2018

You were employed with said school.

Download the Gratuity Rules of said establishment from the website (IT might have mentioned per Payment of Gratuity Act, 1972 on website, thru employee log in, in office, on notice board, display board,   or take help of some employee/official or ask in writing or pursue RTI route thru Regulator/authority ..)  

Kumar Doab (FIN)     20 June 2018

Perspectives;

Employer can pay Gratuity on LWD with FnF.. Employee can submit letter to pay Gratuity 30days before LWD.. Still; You are closest to the facts and nature of establishment and bosses and HR personnel you are working with………. And may keep copy of notice of resignation (also POD), and get offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC…………… 

After relieving submit letter under proper acknowledgment stating that ‘Notice of Determination of Gratuity’, payment, requisite forms are not supplied and may be supplied… If employer does not pay within 30days from LWD IT has to tender interest @10%pa…

The employer is expected to write back citing Gratuity rules and said govt. circular..

You are at liberty to submit FormI or applicable form supplied by establishment..

 

Rest post Gratuity Rules..  

If nothing works then you may have to approach Controlling Authority of Gratuity (and may not the court) and submit FormI (legal notice may not be required)...........    Preferably resolve with your own skills...

 

Kumar Doab (FIN)     20 June 2018

GO thru many of the highly illustrated threads e.g; https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49

 https://www.lawyersclubindia.com/forum/details.asp?mod_id=28768&offset=1

   https://www.lawyersclubindia.com/experts/Gratuity-679811.asp

 https://www.lawyersclubindia.com/forum/gratuity-not-paid-177657.asp

and there and mentioned links you will find FormI and relevant information!

Gratuity = { (Basic+DA)/26*15*No. of years in service}

 Calculate as above since IT is as per Act and not as posted by you……….

If the contentions of the establishment are correct per said Govt circular or applicable Gratuity rules then IT shall supply the same and correct calculations…

Rest also check if establishment has mentioned break up in salary slips (duly signed by you also), PF ( to calculate), ESIC (to calculate), Income tax (to calculate)  

At links being provided to you will find references and details of successful employees that resolved the matter in their favor without litigation by the information they collected and by simple skills....

That is the best and quickest recourse..

Kumar Doab (FIN)     20 June 2018

You are aware of Sec 2A and sub sections and these explain 5y of service, how to calculate no. of years  also.

You may also go thru; sec4,7

After the communications with establishment Discuss in person with elders of your family, well wishers, mediators, Teachers forum office bearers, seasoned PIP known to you, Authorized Representative that have appeared before  Controlling Authority fo Gratuity , and get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in Labor/service and well versed with latest citations, LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before proceeding further ...

You can also discuss with seasoned employee's/trade union .

Check at  O/o Controlling Authority fo Gratuity, Labor courts/CGIT  

 

 

 

 

 

 


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