Private school teachers gratuity effective from which date??

Gratuity is gratutous payment by employer to employee for long service.

It is social security tool. The Payment of Gartuity Act 1972 is s statue and has stutory force.

The employer can provide superior  benefits compared to provisions of the Act but can not provide inferior benefits.

You may go thru…………….Section: 4:Payment of gratuity: (5)

Employer can pay Gratuity even if employee is not eleigible.

The employer can pay Gratuity from DOJ in both cases.

Both employees have been in employement for >5Y.

If the employer is unwilling to pay Gratuity for period before 1997 it has to pay for period from  1997 onwards.

You may go thru:

https://www.lawyersclubindia.com/forum/Is-the-private-school-teachers-applicable-for-gratuity--92288.asp#.UuyKe0eBmXU

Sir,

Employers are always willing to pay only the compulsion amount.Do you mean that in second case where the teacher has resigned in 1998, is eligible to receive only one year gratuity amount. 

It is not clear what is this ‘compulsion amount’ mentioned by you?

It is reiterated that:

Employer can pay Gratuity even if employee is not eligible.

The employer can pay Gratuity from DOJ in both cases.

Both employees have been in employment for >5Y.

If the employer is unwilling to pay Gratuity for period before 1997 it has to pay for period from 1997 onwards.

Sir,By Compulsion I mean...Minimum amt to be paid as per law.

No employer is willing to pay before 1997. That means a teacher is eligible to get 17 yrs gratuity even if he has worked for 25 yrs in the School.

YES, in case of teachers in private establishments for benefit of whom the act was amended with retrospective effect from 1997.

Therefore teachers may think of approach that could convince the employer willingly from period before 1997. 

FYI. Recently a judgement given by Indore labour court stated the payment of gratuity to school teachers from their date of joining not from 1997.

Post the copy of judgment or link or title for benefit of everyone.

This forum is successful due sharing by its members.

Did you refer to the following judgment:

MAHENDRA SINGH CHHABRA VS. APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT

High Court Of Madhya Pradesh

Decided on March 14,2011

MAHENDRA SINGH CHHABRA Appellant

VERSUS

APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT Respondents

https://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=411102882000

Confirm the judgment that you have referred..

sir 

I joined a private college in march 1997, and left the college on 2006.Now can I apply for gratuity

kindly guide me 

sharath

As already explained in this thread teachers of private schools are eligible with retrospective effect from 1997.

The employer has to ........................on its own supply the notice of determination of Gratuity, and Payment of Gratuity even if employee has not submitted any application........................And if the employer has not tendered the payment within 30 days of separation of employee it has to tnder interest @..................(last it was 10%pa).

There is no limitation.

You might have sent FormI by ordinary post and may show it as and when required.

 The employer is likely to agitate on delay in application by employee however the employee may persist that the employer has neither supplied notice of determination of Gratuity, and Payment of Gratuity (and has not produced the proof of letters/redg. post sent by employer being returned from address of employee).

If need be delay can be condoned.................................and you may go thru:

"landmark judgment of Punab high court for condonation of delay in payment of gratuity"

and download if from following threads:

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp

https://www.lawyersclubindia.com/experts/gratuity-490411.asp#.Vg0vV31-jMo

In previous posts a judgment has been cited, that may be taken up with your own counsles, for considered opinion and further action:

High Court Of Madhya Pradesh

Decided on March 14,2011

MAHENDRA SINGH CHHABRA Appellant

VERSUS

APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT Respondents

The court has seemingly decided to award gratuity for period before 1997 also......

" the Controlling Authority has passed an order directing payment of gratuity by taking into account 44 years of service, amounting to Rs.250546/ -. ..............................................this Court is of the considered opinion, that the services rendered by the petitioner on the post of teacher are required to be taken into account for the purposes of calculation of gratuity and as the same has already been done earlier on 28 -3 -03 by the Controlling Authority, the respondent No. 2 is directed to pay the gratuity amount to the petitioner as quantified by the Controlling Authority, vide order dated 28 -3 -03. The impugned order passed by the Appellate Authority dated 4 -3 -06 is quashed and the order passed by the Controlling Authority dated 28 -3 -03 is upheld."

Dear , mam I want that judgement..