gratuity for unaided school
sandeep pilania
(Querist) 01 March 2014
This query is : Resolved
I left my job from a private unaided cbse school from haryana. I worked there 6 years without break at salary 11000 pm. Now regarding my gratuity school adm. Says that there is no provision for gratuity for employee in our school. Now what should i do for availing gratuity and how much it will be.
Devajyoti Barman
(Expert) 01 March 2014
File complaint with labour commissioner.
prabhakar singh
(Expert) 01 March 2014
Although law in this regard was amended but unfortunately it has not been notified so far due to coccus of private managements over notifying authorities.
Guest
(Expert) 01 March 2014
Please state the number of employees working in the school.
Guest
(Expert) 01 March 2014
The school's plea is wrong. You are eligible for gratuity, as accoding to the provisions of the Payment of Gratuity Act, 1972, an employer who employs ten or more than ten employees on any day of proceeding one year need to pay gratuity to his employees. The employees or workers employed in every shop, educational institution, establishment and factory; irrespective of salary, status and post are eligible for gratuity on completion of five years of service.
You may apply on prescribed Form-I.
prabhakar singh
(Expert) 01 March 2014
In Ahmedabad Pvt. Primary Teachers' ... vs Administrative Officer And Ors. on 13 January, 2004
The APEX COURT RULED :
"25. The Legislature was alive to various kinds of definitions of word 'employee' contained in various previous labour enactments when the Act was passed in 1972. If it intended to cover in the definition of 'employee' all kinds of employees, it could have as well used such wide language as is contained in Section 2(f) of the Employees' Provident Funds Act, 1952 which defines 'employee' to mean 'any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with the work of [an establishment]'......Non-use of such wide language in the definition of 'employee' in Section 2(e) of the Act of 1972 reinforces our conclusion that teachers are clearly not covered in the definition.
26. Our conclusion should not be misunderstood that teachers although engaged in very noble profession of educating our young generation should not be given any gratuity benefit. There are already in several States separate statutes, rules and regulations granting gratuity benefits to teachers in educational institutions which are more or less beneficial than the gratuity benefits provided under the Act. It is for the Legislature to take cognizance of situation of such teachers in various establishments where gratuity benefits are not available and think of a separate legislation for them in this regard. That is the subject matter solely of the Legislature to consider and decide.
27. In conclusion, we find no merit in this appeal. It is, hereby, dismissed but without any order as to costs."
AFTER THIS JUDGEMENT The gratuity Act was amended so that teachers may also get benefit of the Act but unfortunately no notification has been gazetted so far to commence the amendment was my reply.
Kumar Doab
(Expert) 01 March 2014
Submit a gentle representation in writing thru redg. post (obtain POD and certified copy of run sheet of postman from PO) stating that despite your representations to Mr/Ms...................on dated.................in person/by email/letter etc the notice of determination of Gratuity has not been supplied to you, and FormI is attached.
If the employer has not paid within 30 days from being eligible it has to tender interest @10%pa and you can approach Controlling Authority of Gratuity.
If the need be
The Payment of Gratuity (Amendment) Act, 2009 (No.47 of 2009) [ 31st December, 2009]
And
Payment of Gratuity Act, 1972
: 2(e), 2A, 4, 7, 8, 9
May be quoted.
