Is teachers are applicable for gratuity
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Is teachers are applicable for gratuity

pbskumar2006 Started The Discussion:

Dear Friends, There is confusion question still "GRATUITY" is applicable for Teachers ? If there is any G.O. please supply. Regards, PBS KUMAR

pon1965 - Member Since: May 2009
Refer the below HC ruling

Teacher is an 'employee' and entitled to gratuity benefits: HC - Indian Express

pon

pbskumar2006 - Member Since: Mar 2006
Dear Pon ji, 'YES' of course , need Gazette Notification if any. Regards, PBS KUMAR

pon1965 - Member Since: May 2009
Dear Kumar,

There is a notification and you can search in the net.

APPLICABILITY OF THE PAYMENT OF GRATUITY ACT, 1972 IN EDUCATIONAL INSTITUTIONS
‘Notification No. 5 - 42013/1/95 - SS II Dated 3rd April, 1997 - In exercise of the powers conferred by Clause (c) of Sub-clause (3) of Section 1 of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies the educational institutions in which ten or more persons are employed on any day preceding 12 months as a class of establishments to which the said Act shall apply with effect from the date of publication of this notification:

pon

kishorkulkarni - Member Since: Oct 2013
A little background:
If we look to the definition of "Employee" under PG Act and also same of Workman under ID Act, the teachers i. e. the work of teaching was not included in the above two definitions and hence teachers were out of coverage of these two acts. The notification dated 03-04-1997 has not solved the problem as it covered the educational institutes who were employing 10 or more persons. This does not mean that teachers were covered as they stood out of the definition of Employee.

Present Position:
However, the PG Act is amended with retrospective effect from 3-04-1997 by Payment of Gratuity (Amendment) Act 2009 (47 of 2009) dated 31-12-2009 and the category of teachers was included in the definition. The important point is this amendment has retrospective application, meaning those who could not claim gratuity after 1997, can file there claim now with the PG controlling Authority.
So, the teachers are entitled to claim Gratuity under the Payment Of Gratuity, if they are employed in private unaided institutes, else, under the gratuity scheme of the State, if employed in Government/aided institutes.

pbskumar2006 - Member Since: Mar 2006
Dear Mr. PON ji, Will you please supply the Gazette Notification, which will be very useful for all HR fraternity. VERY IMPORTANT. Regards, PBS KUMAR

sethupathy - Member Since: Jun 2007
Dear PBS Kumar,

Please f go through the attached files

Though it is applicable to the Teachers w e f 3rd April 1997 amendment, only the 2009 amendment clarified the word "employees" applicable to the non industrial workers also which inclusive of teachers.

With warm regards;

S.Sethupathy,
Excellent HR Services, Erode.


Attached FilesProvided by community member sethupathy. Join us to learn and grow with your peers.
File Type: pdf Gratuity.pdf (80.5 KB, 281 views)
File Type: pdf Deepak_Dua_vs_Directorate_Of_Education_&_Anr_on_10_April,_2013.PDF (88.6 KB, 91 views)
abhijeet9135 - Member Since: Nov 2011
Thanks for the helping as I know one of the Teacher who is working for 16 - 17 Yrs. in a Primary School it is helpful for her too.

Rahul Yadav MBA - Member Since: Nov 2013
please provid me how to calculate the PT of emplyee and Limit schedule of PT in Excel sheet without passward please send me soonly. Thanks & regards Rahul yadav

loginmiraclelogistics - Member Since: Apr 2013
In addition what has been provided by others, you may refer these attachments as well for more information reg.gratuity to Edu.Institutions.


Attached FilesProvided by community member loginmiraclelogistics. Join us to learn and grow with your peers.
File Type: pdf Payment_of_Gratuity Case laws-Educational Insttns..pdf (283.4 KB, 103 views)


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