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Jeetendra N Patel (Sr. Lecturer)     01 May 2014

Am i eligible for gratutity

Dear Sir / Madam,

My wife works as a faculty member in a private college at Faridabad. She is a expecting mother now and had applied for Maternity Leave from May 1st 2014 which was denied and was asked to resign instead. My concern here is that will my wife be eligible for Gratuity as she has served the institution for 9 years as under:

Joined on           08 / 08 / 2005 - Adhoc employee

Confirmed on    01 / 07 / 2006 - Confirmed employee

Continued till     21 / 03 / 2011 - Went on approved study leave for One year  (paid PF, GSLI & GSCA for the period on study leave)

Joined Back       08 / 02 / 2012 - came back and resumed services 

Resigned on     01 / 05 / 2014 - asked to resign for applying maternity leave

Please help me and tell me whether my wife will get Gratuity or not.

Thanks in advance.



 3 Replies

Kumar Doab (FIN)     04 May 2014

Demanding/Extracting resignation for applying for Maternity Leave can be termed as 'Offence' and she can raise a dispute.

Forced resignation can be termed as offence and 'Deemed Termination'.

She can withdraw resignation if it is not accepted.

She can withdraw resignation even if it is accepted citing forced resignation and onus of providing evidence of resignation being extracted by force against her wishes may fall on her.

 

Gratuity: Payment of Gratuity Act, 1972
Sec: 1(3) (b) (c) (3A), 2, 2e, 2A, 3, 4, 4A, 7, 8, 9 

If Payment of Gratuity was/is applicable to the establishment, you should be eligible for the payment of gratuity.

Any approved leave is counted in service period.

She has completed app.8Y9M in service and for Gratuity it shall be counted as 9Y.

The formulae is 

 

{(Basic+DA)/26*15*No. of years of service}
Basic+DA is as per last drawn wages and if in last year you have completed more than 6 months take it as 1year.

You shall face another issue from Inst as they may deny to pay Gratuity.

Teachers have been made eligible for Gratuity with retrospective effect from 1997 and Sec 2e was inserted in the Act.

 

There are many threads on such query that you may find relevant e.g;

 

https://www.lawyersclubindia.com/forum/Is-the-private-school-teachers-applicable-for-gratuity--92288.asp#.Uylcy0eBmXU

Jeetendra N Patel (Sr. Lecturer)     06 May 2014

Thanks Sir. Now I am confident that my wife wont lose her gratuity. Even if the institution denies, I will fight it out. Have to wait for two weeks to get the decision by the institution. Sir, If the decision comes unfavourable then again I will request you to guide me. Thanks again. 

Kumar Doab (FIN)     06 May 2014

Consult a local labor consultant/service lawyer ASAP with all docs on record and proceed under expert advise of your lawyer.

We will support you to the best possible limits.

All the best.

God Bless!


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