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Santosh10382 (Service)     03 August 2014

Re- gratuity eligibility for nursery teachers

Dear Members / Experts,

Kindly advice if Nursery Teacher of a Govt Aided School (not in Govt Service) is eligible for Gratuity  under Payment of Gratuity Act 1972?

 One of my relative henceforth will be named as  “X”  has worked as Nursery Teacher in a Government Aided School in Bangalore, Karnataka.

Though the school was government aided, “X” was not in government service.  Most of other teachers were in government service, barring a few Teachers say 2 to 3 were working in the school were not in government service  and the salary was given by the management of the school.

 “X” worked in the school as nursery teacher from June 1987 to March 31,2009, continuously for a period of 22 Years and retired on attaining age of 58 as required.

 The school also initially did not have any PF Facility for such  teachers as the number of teachers under management (i.e., in Non-Government Service) were less than the required limit as stated, however subsequently the number of employees increased over the years(under the management), and the school was imposed penalty for not having PF Facility & asked to make good the default  for Non –Payment of PF by Penalty / Fines  under PF Act.

“X” and other Non-Govt Teachers recently availed their PF / Pension for the service rendered .

 

Now my Question are as follows :-

1.      1.  Can “X” having worked as Nursery Teacher (under Management) in a Government Aided School eligible for      gratuity for  22 year services rendered ?? (When they are eligible for PF, will they not be eligible for Gratuity         as    min no. of persons required would be 10 or more )

2.       2..  Is there any law which does not recognize the services of Nursery Teachers  vis-à-vis with Primary            Teachers / High School Teachers for Gratuity ??

3.     As per Section 2(e) of Payment of Gratuity Act 1972, as amended if any,  will “nursery teacher”, be covered          under the definition of “Employee” ??

 4.       If Gratuity is applicable, then from which year  it will be applicable??

        (I.E., Date of Joining  Year 1987, or when Total  Employees were 10 at any given point of time, or from the         year 1997 onwards where the Payment of Gratuity (Amendment ) Act 2009, came into force w.e.f 03rd April          1997 retrospectively reference Notification No. S.O. 1080 dated 3 April 1997.)

 5.       For the purpose of Gratuity, should the minimum number of employees 10 shall include Total Teachers           in school both under  government  & non –government service   OR only teachers/staffs in Non-           Govt.Service ??

 6.       If gratuity applicable, please advice how to proceed further, whom to approach and claim gratuity?? Need         contact numbers / address if any  in Bangalore.

 7.       Is there any prescribed time limit post retirement within which gratuity needs to be claimed ??                              (“X” retired in 2009 and its 5 years as on that.)

 

 Request your reply / advice at the earliest possible.

 Thanks in advance.

 Regards

 

Santosh



Learning

 7 Replies

Laxmi Kant Joshi (Advocate )     03 August 2014

Yes X is an employee of that school and entitled for his gratuity , he must send his application to the principal / head regarding to release his gratuity .
1 Like

Santosh10382 (Service)     03 August 2014

Originally posted by : laxmi kant joshi
Yes X is an employee of that school and entitled for his gratuity , he must send his application to the principal / head regarding to release his gratuity .

Dear Sir,

Could you please advice if there are any specific forms/applications which needs to be filled up and sent to the Employer ie., School Authorities. If yes, kindly provide the details of the same.

What step should we take if the school authorities does not agree for the same, have objections, or do not co-operate.

 

regards

Santosh

Kumar Doab (FIN)     03 August 2014

From your post it is noted that you have done your homework and are now properly aware.

Teachers are eligible for Gratuity and it was enacted with retrospective effect from 1997.

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.

 

You may also go thru other threads at:

 

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

 

 

 

 

https://www.lawyersclubindia.com/experts/gratuity-for-unaided-school-456686.asp#.Uyld4UeBmXU

 


 

Gratuity can be claimed any time.

If required you may rely on Landmark judgement of Punjab and Haryana High Court:

Senior Superintendent of Post Offices. Hoshiarpur Division, Hoshiarpur

                                                                             ……PETTIONER

Versus

 

Shri Avtar Singh and others

 

at:

 

 

https://ruralpostalemployees.blogspot.in/2009/08/landmark-judgment-of-honble-high-court.html 

 

Submit FormI under proper acknowledgment.

The employer has to supply the Notice of Determination of Gratuity , Payment of Gratuity within 30 days on its own even if NO application is submitted by employee.

 

 


Attached File : 750444337 hc punjab landmark decision.doc, 750444337 form i gratuity9.pdf downloaded: 174 times
1 Like

Santosh10382 (Service)     03 August 2014

Dear Mr.Kumar Daob

Thank you very much for your valuable advice, and for sharing links, court judgements and attachments.

 

regards

Santosh 

Kumar Doab (FIN)     03 August 2014

Dear Santosh,

You are welcome.

vijay manke   27 October 2017

My wife working as a pr teacher in Govt aided school retired 2005 and expired in 2007 due to cancer had put up more than 30 years of service in M P how many years of years she is entitled for her gratuity in the light of 1997 notification 

Kumar Doab (FIN)     22 December 2017

Pls clarify again is this school under say: local govt.?

If yes, then it might be possible for the whole period.

Or atleast from year 1997.


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