LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sanu KP   10 September 2019

Gratuity for unaided teachers in kerala

I am worked as a high school teacher in an unaided recognised institution in kerala for the last 10 years. About more than 55 teaching and non teaching staffs worked in this institution. Now i am resigned from this institution because the head of the institution said me to take a long leave untill they call me. They not give me the vacation salary also. Now I want to know about whether i am eligible for getting gratuity and vacation salary ? if eligible what are the procedures? where did I complaint my request?


 6 Replies

jagadish paranjape (Advocate)     11 September 2019

you are entitled for gratuity.If the school does not pay,approach the controlling authority under the Act in your area.

As far as unpaid salary is concerned,you can approach Director of secondary education's office.

You may approach local lawyer dealing with service matters, because he would be conversant with procedure in Kerala.

jagadish paranjape (Advocate)     11 September 2019

Dear Omprakashji, Namaskar,

There is no confusion in the matter.The definition of employee in Gratuity Act was amended in 2009 and teachers were brought within it's ambit. The amendment was given retrospective effect and made applicable from 1997.

Therefore all judgments prior to 2009 are irrelevant now and teachers  right from 1997 are entitled for gratuity.

Further there is case law to the effect that non payment of gratuity is contineous cause of action and limitation would not be



Sanu KP   11 September 2019

Thanks for your valuable replys to my question.Now I am confident to go on with my case.

Sanu KP   11 September 2019

dear Jagdish ji if any SC order number or anything relevant to this case can give you, please give me. we are a group teachers with five numbers having the same issue

Sanu KP   11 September 2019

thanks OM Prakash ji

jagadish paranjape (Advocate)     11 September 2019

There is no need of any judgment.The Payment of Gratuity Act it self is made applicable to teachers from 1997.

File your claims with connrolling Authority  without further delay.After receiving the written statement of school

if your local Advocate has any difficulty,he can contact me.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query