Gratuity for unaided teachers in kerala


I am worked as a high school teacher in an unaided recognised institution in kerala for the last 10 years. About more than 55 teaching and non teaching staffs worked in this institution. Now i am resigned from this institution because the head of the institution said me to take a long leave untill they call me. They not give me the vacation salary also. Now I want to know about whether i am eligible for getting gratuity and vacation salary ? if eligible what are the procedures? where did I complaint my request?
 
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Advocate

you are entitled for gratuity.If the school does not pay,approach the controlling authority under the Act in your area.

As far as unpaid salary is concerned,you can approach Director of secondary education's office.

You may approach local lawyer dealing with service matters, because he would be conversant with procedure in Kerala.

 
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There are conflicting judgement of SC regarding teachers. Judgement 'A' considers them the workmen eligible for payment of gratuity, while judgement 'B' considers them not the workmen, so not eligible for the payment of gratuity.
 
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Advocate

Dear Omprakashji, Namaskar,

There is no confusion in the matter.The definition of employee in Gratuity Act was amended in 2009 and teachers were brought within it's ambit. The amendment was given retrospective effect and made applicable from 1997.

Therefore all judgments prior to 2009 are irrelevant now and teachers  right from 1997 are entitled for gratuity.

Further there is case law to the effect that non payment of gratuity is contineous cause of action and limitation would not be

applicable.

Regards.

 
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Thanks, my dear Jagadish Paranjpe for enlightening me with the new information on gratuity. However, I found no word as ' teacher' but instead 'employee' in the online amended Act of 2009, made effective from the year 1997.

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The double bench of Hon'ble SC Judges Manohar Sapre and Indu Malhotra has in the case of Birla Institute of Technology v. State of Jharkhand ruled on 07-03-2019 that teachers were held entitled to claim the amount of gratuity from their employer wef 03-04-1997. 2) The law laid down by this court in the case of Ahmedabad Pvt. Primary Teachers Association was no longer applicable against the teachers, as if not rendered. Regards to all concerned.
 
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Thanks for your valuable replys to my question.Now I am confident to go on with my case.
 
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dear Jagdish ji if any SC order number or anything relevant to this case can give you, please give me. we are a group teachers with five numbers having the same issue
 
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Why you are troubling Jagdish Paranjpe?Just dnload from the net, the SC judgement dated 07-03-2019 in the case of Birla Institute of Technology vs. State of Jharkhand to solve your group's problem.
 
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Why you are troubling Jagdish Paranjpe?Just dnload from the net, the SC judgement dated 07-03-2019 in the case of Birla Institute of Technology vs. State of Jharkhand to solve your group's problem.
 
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