Even teachers are eligible for Gratuity.
Are you a teacher?
If yes teachers are not covered as ‘Workman’ as in ID Act.
Is it a private educational inst for profits?
If yes it might have registered under (Name of the state) Shops and Commercial Establishments Act and you might get covered as ‘Employee’ as defined in this Act. Thus you may succeed to lodge complaint with Inspector/Chief Inspector, and also Inspector under Payment of Wages Acxt. The Labor Inspector in local o/o Labor Commissioner may be officiating as Inspector under these enactments. One of the jobs of the Inspector is to ensure that FNF dues of the separated employee are paid in time. The day for payment of FNF wages is last day in office, or within next 3 days or max. by usual pay day.
You may also go thru Sec13-18 of Model Standing Orders also.
Payment of Gratuity Act 1972; Sec:2A (1), (2) (a) (i) (ii), 7
Any approved leave, holidays, off days are counted in service period and for Gratuity also.
Notice period served by employee is also counted in service period.
If your establishment works for 6/or less days (say5) per week and you have worked for 240/190 in each year you shall be eligible. Hence if you work for 240/190 days in any year and last year (say5th) then you are eligible. If you work up to 2nd Aug, 2014 and have completed 240/190 days in 5th year you should be eligible!
Gratuity is 15 days wages/365 days of year……………….(Basic+DA…..as per last drawn wages).
Since 2012 was leap year hence you should start counting 365 days from DOJ and then count 240/190 days in 5th year.count
You can submit FormI 1 month before the date of retirement chosen by you (resignation/last date in office/expiry of notice period), of course under proper acknowledgment.
Even if the employee has not made any application employer has to make the payment within 30 days of becoming eligible (last date in office in your case) or tender interest @10%pa.
https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.U14sL0eBmXU
e.g:
https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.U14sTkeBmXU
and
https://www.lawyersclubindia.com/forum/Teacher-s-salary-problem-101470.asp#.U14vsEeBmXU
https://www.lawyersclubindia.com/forum/Dispute-regarding-resignation-and-notice-pay-70662.asp#.U1z_u0eBmXU
Your lawyer may ask you a set of structured questions and can opine that whether you shall be covered as ‘Workman’ as in ID Act,’Employee’ as in (Name of your state) Shops and Commercial Establishments Act or not?
You may show the job advt., job application, interview call letter, selection letter, offer letter, appointment letter, bond if any , resignation, acceptance of resignation and any other relevant communication to a competent and experienced labor consultant/service lawyer and give inputs in person……………………spend quality time with your lawyer and proceed under expert advise of your lawyer.
The lawyer has examined the details and documents in person can advise you the best.
