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Gratuity to the private/unaided primary teacher (Labour & Service Law)

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This query is : Resolved


Author : Shah Kautuk

Posted On 24 August 2011 at 23:07

I'm a school principal at Vadodara, Gujarat. I want to know whether a teacher of our private/unaided primary school who was appointed on 14/06/1968 and retired on 19/01/1999 ,is eligible to get Gratuity ? and If he is eligible then form which year is he eligible to get the payment of Gratuity? as the Central Govt. amended in the bill No 109 on 12/11/2009




Expert : raj kumar makkad

Posted On 24 August 2011 at 23:16

Till date, no law hs been framed for setting aside decision of Apex Court of India vide which it has been decided that Payment of Gratuity is not applicable for private unaided school teachers. This judgment was given in Ahmedabad private teachers association matter.



Expert : prabhakar singh

Posted On 25 August 2011 at 08:46

yes !the judgement is still in force .Mr. Raj kumar makkad has rightly informed you.



Expert : Kundan Kr. Singh

Posted On 25 August 2011 at 11:27

payment of gratuity act 1972 preamble clearly say--An act to provide for a scheme for the payment of gratuity to employees engaged in Factories,mines,oilfields,plantation,ports, railway companies,shops or other establishmentand for matters connected therewith or incidental thereto.As per this act you are entitle after complition of 5 yr service.
I have no knowledge about any judgement.If any i am requesting to Mr.Makkad give details.



Expert : P.ESAKKIMUTHU

Posted On 25 August 2011 at 22:21

as on today, private school teachers are brought under ESI Act and hence the private schools are categorized as establishment under Payment of Gratuity Act.Hence PG Act is applicable to private school teachers and it is effective from the date of coming in effect of ESI notification. PG Act is not applicable to the case on hand ie to Sri Shah Kautuk who retired on 19.1.99


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