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NOEL PHILIP (PROFESSOR)     15 September 2012

Gratuity for self finance private engineering college

Dear Experts

      My  Wife was working in a Private Self finace Engineering College affailated to Anna University Chennai for the Past 13 years  continuously as Professor with salary of Rupees one lakh. She has resigned her job from May 2012 onwards.Management gave relveing order also. When she approached the director of the college for Gratuity, they said that they do not have any policy for giving gratuity to teaching staff, They told there is no rules for giving gratuity for private college faculty.

Sir, Kindly advice me to how to go head for solving this problem. what are the legal procedure for getting gratuity.Is she eligible? if she is eligible ,how much she will get it?.Kindly give us your valuable advice.

thank you

AKT



Learning

 3 Replies

Kumar Doab (FIN)     16 September 2012

It is felt that:

The schools under the control of local bodies were covered under the Act with effect from 8.1.1982. The employees of the Government schools are already entitled to gratuity under the extant rules of the Government governing gratuity and pension but the employees of the private schools were having no legal entitlement to gratuity. As gratuity is an old age retiral social security benefit, it was considered desirable to extend the benefit of the Payment of Gratuity Act, 1972 to all employees employed in all educational institutions having ten or more persons. Accordingly, the Central Government extended the provisions of Payment of Gratuity Act, 1972 to the educational institutions employing 10 or more persons vide the Ministry of Labour and Employment Notification No. S.O. 1080 dated 3 April 1997. The Notification came into force w.e.f 19.4.1997, date when it was published in the Gazette of India.The definition of “employee” under section 2 (e) of the Payment of Gratuity Act, 1972, was modified and the Government has made the amendment with retrospective effect from April 3, 1997.

 

Gazette Notification is enclosed.

Also enclosed is the Judgment of 2012 of Bombay HC delivered citing SC judgments and should help you.

Kindly post the developments in this thread as it shall help many who visit the forum.

Valuable advice of learned experts/members is sought.


Attached File : 709102454 payment of grtuity to teachers the president secretary vs shri pradipkumar s o ... on 21 february, 2012.pdf, 709102454 gratuitygazette notification the payment of gratuity (amendment) act 2009.pdf downloaded: 2252 times

Prakash   02 November 2017

My mail I'd is oks1988@gmail.com Kindly send attachment ..I am having same issues as above

Kumar Doab (FIN)     02 November 2017

You may download from the thread, and/or  legal websites, google………..

You can also go thru; Articles, Files, shared Files at LCI


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