Gratuity in schools

An employee of a private school with 20 years of service is entitled to gratuity. The Supreme Court of India has explicitly affirmed this right, stating that teachers and other employees of private educational institutions are covered under the Payment of Gratuity Act, 1972. 

The Supreme Court explicitly directed private schools to pay gratuity with interest to eligible employees and teachers. The payment is not a "windfall" but a mandatory condition of service.

If a private school refuses to pay, an employee can take the matter to the appropriate forum, such as the Labour Court, to enforce the payment.

If your wife has completed a continuous service of 5 years is eligible for gratuity if the organisation has more than 10 employees.

She is eligible for gratuity on completion of 5 years of continous service with the School.

Issue legal notice demanding her outstanding amount of salary (if any) gratuity, PF, leave encashment etc. as per law / rules.  

Sir

No PF no leave encashment in this school. I am hoping to get at least Gratuity at the end of her tenure.

She can very well approach court of law for relief and remedy if the employer is reluctant or denying the payment of gratuity.

Ok Sir Thank you all

You are welcome for your apppreciations

- Yes a teacher of an unadied private school in Kerala can claim gratuity upon either resignation/
death/disablity or retirement. 
- The teacher must have worked for 5 years and the instituion should have employed more 10 people
employed. 
- In Kerala, an application under Section 7 of state rules has to be submitted to school authorities.
- If refused, then application to the Controlling Authority, i.e., Assistant Commissioner/Designated Officer for district. 
- In case the district authorities reject, can appeal to Regional Commissioner.

Section 7 of which Act Gratuity Act?

If there ws no PF she can still complaint to the Regonal PF Commissioner seeking action under Section 7A of the EPF&MP Act 1952.

Admittedly, she has been deprived of the benefits as an employee. Remedies could be pursued even after retirement.