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Guest (n/a)     09 July 2009

Entitlement for gratuity to private school teacher

Whether a private school teacher is entitled for graituity under payment of gratuity act, 1972 ? Is there any amendment in the defnition of employee under this act 

 



 11 Replies

grthaker (advocate)     12 July 2009

because section 2(e) of the p.g.act,say any employee are coverd under the p.g.act and and centeral govt.coverd the education institution in the under the p.g.act,and also every citizan have equal right under the constitution.

grthaker (advocate)     12 July 2009

but judgements are negative.

mahesh pandey (Vice President)     10 August 2009

Recent amendment of P.G Act includes teacher with in the definition of Employee of the said Act.

jagadish paranjape (Advocate)     11 August 2009

As far as I am aware the definition of "Employee"under the Payment of gratuity is not amended and remains the same(open for correction)as fas as nature of work is concerned.The educational institutes are brought under the umbrella of P.G.A.,And further salary constrains are removed.Employees doing managerial duties are also covered.However the work performed by teacher does not qualify him as an employee and he is not entitled to receive gratuity under P.G.A..This may be unfortunate,but it is so.

grthaker (advocate)     11 August 2009

on this point one judgment is there 1997(75)FLR page 897 Bom H.C.kindly refer if u need.

Suresh C Mishra (advocate)     28 September 2009

 yes please refer the judgement if any on this issue and notification of covering if any . Thanks 

PC Agrawal (Company Secretary)     26 December 2009

I am attaching copy of Payment of Gratuity (Amendment) Bill 2009 passed by the Parliament.  It provides for coverage of teachers in the definition of employee with retrospective effect.

 

 


Attached File : 40 40 payment of gratuity amendment bill 2009.pdf downloaded: 898 times

grthaker (advocate)     01 July 2010

hello,

Thank u very much for atteching the bill but i think u may please go through the bil becouse this has not been  passed.and till pending.after this bill any new notification his there?or on this bill whether notification was passed?

thanking u.

SHARAD CHANDRA DANEJ (Asstt. Manager)     05 July 2010

Dear Suresh Mishra,

 

I think teachers are entitled for gratuity as amendment to the Gratuity Act 1972 have been made in 2007 and 2009 and teachers have been brought under GA too. Earlier word employee did not include teachers but later amendments have included teachers too. And it is made applicable from 3.4.1997.

 

S C DANEJ

SHARAD CHANDRA DANEJ (Asstt. Manager)     05 July 2010

Dear Suresh,

 

The amendment is applicable from 3.4.1998 and not from 3.4.1997.

 

S C DANEJ

Rama mohan Acharya (Manager HR(Legal))     06 October 2010

The apex court held that teachers are not employee within the definition in PG Act.

Ref: 2004  AIR (SC) 1426; - Allhabad Pvt.  primery teachers association Vs. Administrative Officer


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