I have retired as a teacher from an unaided school from Bangalore after serving 18 years without a break. I would like to know whether i am eligible for gratuity. the school tells i am not eligible as we do not come under the gratuity act. Kindly clarify.
I am completing 58 years in jan 2013. Is it advisable to apply for pension now or after 2013 jan.
Usha.
From India, Bangalore
I am completing 58 years in jan 2013. Is it advisable to apply for pension now or after 2013 jan.
Usha.
From India, Bangalore
Madam,
I can clarify your doubts about Payment of Gratuity Act 1972 only.
Applicability of the Act
If your School is employing /or employed in the past, 10 or persons, the Payment of Gratuity Act 1972 is applicable to your School.
Whether teacher is an employee or not
The definition of employee was amended by Act 49 of 2009 and the amendment was given effect from 3-4-1997.
As per this amended definition "Employee" means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of factory, mine, oilfield, plantation, port, railway company, shop or other establishment to which this Act applies, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity".
Your school authorities said that you are not eligible perhaps based on a judgment "Ahmedabad Private Primary Teachers v. Administrative Officer (2004) 1 LLJ 596 2004 LLR 97 (SC) which observed " Even though the Government by its notification dated 3rd April 1997, has extended the Payment of Gratuity Act upon the educational institutions also but the teachers being not "employees" under the Act, will not be eligible for gratuity.
With the amendment of the definition of "Employee" with effect from 3rd April 1997 and hence the "teacher" is entitled to gratuity.
Case Laws
(1) Teacher being entitled to gratuity can get it w.e.f. 3-4-1997 (Mahendra Singh Chabra v. Appellate Authority, Payment of Gratuity Act, Indore 2011 LLR 980 (MP HC)
(2) Non Governmental educational Institutions are bound to pay gratuity to its employees. (Shri Agawral Shiksha Samiti v. Moti Chand Jain, 2009 LLR 401 (Rajasthan HC)
From India, Madras
75I can clarify your doubts about Payment of Gratuity Act 1972 only.
Applicability of the Act
If your School is employing /or employed in the past, 10 or persons, the Payment of Gratuity Act 1972 is applicable to your School.
Whether teacher is an employee or not
The definition of employee was amended by Act 49 of 2009 and the amendment was given effect from 3-4-1997.
As per this amended definition "Employee" means any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of factory, mine, oilfield, plantation, port, railway company, shop or other establishment to which this Act applies, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity".
Your school authorities said that you are not eligible perhaps based on a judgment "Ahmedabad Private Primary Teachers v. Administrative Officer (2004) 1 LLJ 596 2004 LLR 97 (SC) which observed " Even though the Government by its notification dated 3rd April 1997, has extended the Payment of Gratuity Act upon the educational institutions also but the teachers being not "employees" under the Act, will not be eligible for gratuity.
With the amendment of the definition of "Employee" with effect from 3rd April 1997 and hence the "teacher" is entitled to gratuity.
Case Laws
(1) Teacher being entitled to gratuity can get it w.e.f. 3-4-1997 (Mahendra Singh Chabra v. Appellate Authority, Payment of Gratuity Act, Indore 2011 LLR 980 (MP HC)
(2) Non Governmental educational Institutions are bound to pay gratuity to its employees. (Shri Agawral Shiksha Samiti v. Moti Chand Jain, 2009 LLR 401 (Rajasthan HC)
From India, Madras
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