Gratuity for lecturers (self financing college)

Murty (Querist) 16 October 2015 This query is : Resolved
I am working in a degree college since 1996 as a Lecturer (Unaided). The college is run by a Trust in AP.

My queries:

1. Does the college fall under Establishment act of Andhra Pradesh?

2. Am I entitled for PF and gratuity?

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Anirudh (Expert) 16 October 2015
If your college has more than 20 persons working in it, then Employees Provident Funds and Miscellaneous Provisions Act, 1952 is applicable.

From your query, it appears that no PF Contribution is being deducted from your salary.

Therefore, find out from your College Accounts Department, what is the benefit available.

You are a lecturer with 20 years experience. You should not have difficulty in contacting your Accounts Department and ascertain the details.

It is another matter, that after your asking they have intimated that you are not entitled to PF / Gratuity. If so, come up with details.

Rajendra K Goyal (Expert) 16 October 2015
Agree with the expert Anirudh.

Murty (Querist) 16 October 2015
The college paid PF to few senior lecturers including me, and discontinued PF deductions to new faculty saying that the gross is more than 20000 per month.

With regard to Gratuity, the college administration says lecturers are not covered under gratuity without specifying any reason.

Given that the faculty
1. draws Rs.40000 p.m.
2. He has put up 20 years of experience
3. the college is run by a trust
4. the college has not made provision like LIC for gratuity
5. the college fudge accounts and show that they are incurring losses
6. the faculty strength is 18,

Can I claim for payment of GRATUITY as I resigned in 2012 and having served the college since 1994?

Kumar Doab (Expert) 16 October 2015
The teachers in private educational institutes were made eligible to Gratuity with retrospective effect from 1997.

If mandatory insurance was not obtained then college/trust has to pay from its own resources.

If teachers have been covered under PF then college may not succeed to deny PF............................and EPFO may not agree with contentions of trust and committee.

Submit a written communication under proper acknowledgment that 'Notice of Determination' of Gratuity and payment was not supplied despite representations in office to..............(if possible mention names/dates and attach copies).

You could have submitted FormI, under proper acknowledgment.

There are many threads at LCI on similar query that you may find relevant and many judgments as well.............e.g:

http://www.lawyersclubindia.com/forum/Is-the-private-school-teachers-applicable-for-gratuity--92288.asp#.ViCjbW5-jMo

http://www.lawyersclubindia.com/forum/Gratuity-for-private-engineering-college-66866.asp#.ViCkFG5-jMo

http://www.lawyersclubindia.com/experts/gratuity-490411.asp#.ViCmim5-jMo

You can download the gazette notification,commentary, judgments that are self explanatory............and delay can be condoned..............

There are provisions for penalty with punishment for jail time to 'WHOEVER' avoids to pay Gratuity.................and to recover the gratuity as revenue.........

Your counsels may opine that you are eligible for interest @10% for the delayed period...................

For due Gratuity employee can approach consumer forums as well.

Approach your able counsel with details and record.