Industrial Relations And Labour Laws
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Is there any law for not giving the gratuity after completing 5 year of service.
My friend worked in a private reputed school in delhi. She resigned from her job after completed 9 year of regular service.
Now the school management refuse to relies her gratuity amount after 5 months of leaving. They gave the excuse of 6th pay commission. They informed me that it is not necessary to pay gratuity and leave encashment in private school. Is it possible?
If she want to take a legal action then at what place/department she should file a complaint/suit.
Can any one advise me for this case.
13th August 2010 From India, Delhi
Pay Commission recommendations are not applicable to Private schools whereas the gratuity applicability of such establishments are governed by Payment of Gratuity Act. However, till now teachers are not eligible to get gratuity. At the same time, all administrative staff and the Principal who also does some kind of administrative work in connection with the school are eligible to get gratuity at the same rate as applicable to employees of industrial and other establishments as per the provisions of the Payment of Gratuity Act. However, a bill has been presented to amend the Payment of Gratuity Act incorporating teachers also under the definition of employees so that they would also become eligible to get gratuity. I believe that the same has not become Act so far. Therefore, I advise you to search for any notification in this regard rather than going behind sixth pay commission.
13th August 2010 From India, Kannur
Is there any other legal consultant who can advise/suggest on this matter that at what place she can file complaint.
14th August 2010 From India, Delhi
The authority to hear on matters connected with gratuity is the District Labour Officer. You can contact him for advice. As stated earlier, at present teachers are not covered by Payment of Gratuity. Still you can make sure by consulting him.
14th August 2010 From India, Kannur
Gratuity in Schools In Delhi: As per Chapter IV of the Delhi School Education Act 973, Salaries of employees, scale of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of employees of a recognized private schools shall not be less than those of employees of the corresponding status in schools run by the appropriate authority.
If schools are not implementing the above provisions, Director of Education, Delhi can take action to withdraw recognition of the school.
Concerned teacher can appeal to the Director of Education, Delhi and also can go to Delhi School Tribunal.
16th August 2010 From India, Delhi
Really Good Information about Gratuity for teachers by our Cite-Hr Friends .If any body have the Supreme Court Notification/Order ,Please share in this form. That would be give more clarity to all.
16th August 2010 From India, Hyderabad
Bill to include on the suggestion from Supreme Court to include Teachers for Gratuity payment was considered by Parliment and Bill to effect was passed on 18.12.2009 Bill attached The definition employee was amended to include "to do any kind of work"
17th August 2010 From India, Tiruchchirappalli

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File Type: pdf Gratuity Act amendment to include Teachers.pdf (79.7 KB, 1318 views)

Dear friends,
Only a bill has been presented and so far no amendment has taken place in the Gratuity Act enforcing the same in it.
Yes, not only Delhi Education Rules but the pertinent rules of almost all states have the similar provisions which provide for gratuity to the "employees" employed in schools. But what is interesting is that by employees are meant only employees employed in administrative functions like clerks, attendants, laboratory assistants etc but not teachers as they are engaged in a NOBLE PROFESSION.
17th August 2010 From India, Kannur
If School is regularly paid off the Gratuity to the eligible teachers, then such rule apply to the school. Pl reply.
20th August 2010 From India, Delhi
Dear Members,
By notification dated 31.12.2009 employee has been included in the definition of the employee. As far as I remember this notification was provided by any of the CiteHR member which I am attaching here for ready reference of other members. One of our Authority under The Payment of Gratuity Act, 1972 have also accepted this fact.

20th August 2010 From India, Delhi

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File Type: pdf Gratuity notification amendment in definition of employees.pdf (80.5 KB, 421 views)

Dear friends,
Teachers of Recognized Schools in Delhi:
As per Section 2(h) of Delhi School Education Act 1973 "employee means a teacher and including other employees working in a recognized schools" . Teachers of recognized schools under Delhi School Education Act 1973 and Rules made thereunder are governed under the said Act & Rules.
22nd August 2010 From India, Delhi
Dear Madhu,
As per me the definition of "Employee" has been already amended by Govt of Indian vide notification dated 31, December 2009, and by this definition, Teachers are being covered under preview of payment of Gratuity Act. before that in 1997 this Act was extended to Educational Institutes also.Now all kind of employees doing any kind of works are covered by this Amendment.
7th October 2010
I worked for 20 yrs in public school in delhi as pgt computer sc.but they r not giving me gratuity.kindly advice me for legal action
11th March 2011 From India, Delhi
With the amendment in the definition of employee under the Payment of Gratuity Act, you are eligible to get gratuity. Please apply for gratuity in form I. Regards, Madhu.T.K
15th March 2011 From India, Kannur
Dear All,
In our view, position of law has been settled; and a teacher in a school, is eligible for the gratuity if he has put in required years of continuous service of five years. After amendment of 2009, the deifinition of employee has been enlarged.
I am appending a decision of the Bombay High Court, Nagpur Bench in Writ Petition NO. 3415/2011 decided on 21.2.2014 Vidharbh Youth v. Pradip kumar. This judgment can be downloaded form the official site of the High Court.
Amar K Ramani
26th May 2015 From India, Nagpur
This is post is an attempt to give a brief about History of Amendments in the Payment of Gratuity Act, 1972 and Benefits of Group Gratuity Trust Fund by Companies with Insurers having more than 10 employees and having 5 years or more years of Business Operations.
What is Gratuity?
When an employee leaves the service, employer rewards him for his accrued service in the organization. He does so by giving you a free lump sum of cash - called gratuity in financial parlance - on your exit. The amount that employer gives is based on the number of years of service employee have put into the organization.
As per Gazette notification issued by Ministry of Law & Justice in The Gazette of India on dated 29th March 2018 as applicable WEF same date amends the Ceiling Limit from "ten lakh rupees" to "such amount may be notified by the Central Government from time to time" is substituted. On 29.03.2018 , it is ceiling limit is raised to 20 lacs from 10 lacs for Private Sector Employees.
When is Employee entitled to Gratuity?
Gratuity in earlier days was rather arbitrary and completely hostage to the whims of the employer. A wealthy, well-established employer would reward his dedicated employees and the not so rich would refuse such generosities. This led to a lot of discord and finally, the government stepped in, passing the Payment of Gratuity Act, 1972, making it mandatory for all employers with more than 10 employees to give them the gratuity. Employees, as defined here, are the ones hired on company payrolls. Trainees are not eligible and gratuity is paid on the basis of the employee's basic plus dearness allowance if any.
How much can an employee get?
The employee becomes entitled to a gratuity on resignation or on retirement after five years# or more of service. As per the Act, the gratuity amount is 15 days' wages multiplied by the number of years put in by you. Here wage means your basic plus dearness allowance. Take the monthly salary drawn by you last (basic plus dearness allowance) on resignation or retirement and divide it by 26, assuming there are four Sundays in a month. This is your daily salary. Multiply this amount by 15 days and further with the number of years you have put into service.
History of amendments to Gratuity Act?
Gratuity benefit is usually payable at the time of retirement. Since at the time of retirement employee generally has no source of regular income and due to old age- increasing medical expenses and increasing inflation to meet with day to day expenses. So to cope up with all these uncertainties, Gratuity Payment becomes a financial support to meet necessary expense as a single one-time payment. The rules and regulations being prescribed in Gratuity Act 1972 need to be amended time to time and Labour Ministry tries to provide full justice by making amendments to the above act, in the national Parliament. Some of the amendments in the Payment of Gratuity Act 1972 are as follows:-
The first amendment made by the Payment of Gratuity (Amendment) Act, 1984 inter alia provides for raising the wage limit for coverage from Rs 1000/- to Rs 1600/- per month and appointment of Inspectors.
The second amendment made by the Payment of Gratuity (Second Amendment) Act, 1984 inter alia re-defined the term ‘continuous service’ and provided for the grant of exemption to a class of employees from the operation of the Act.
The third amendment made by the Payment of Gratuity (Amendment) Act, 1987 inter alia provided for:-
(a) Raising the wage limit for coverage from Rs 1,600/- to Rs 2,500/- per month, which was further raised to Rs 3,500/- p.m. .
(b) Replacing the ceiling of twenty month’s wages for payment of gratuity by a monetary ceiling of Rs 50,000/-
(c) Making it obligatory for the employers to pay simple interest at a specified rate if the gratuity is not paid within 30 days from the date it falls due.
(d) Compulsory insurance/setting of gratuity fund for payment of gratuity.
In later amendments, wage limit was removed altogether and ceiling limit was revised from time to time. Ceiling limit was raised to Rs 100,000 from Rs 50,000 in 1994 and further raised to Rs. 3,50,000 in 1997. It was increased to Rs. 10,00,000 in 2010 and As per Gazette notification issued by Ministry of Law & Justice in The Gazette of India on dated 29th March 2018 as applicable WEF same date amends the Ceiling Limit from "ten lakh rupees" to "such amount may be notified by the Central Government from time to time" is substituted.
Why is Creation of Group Gratuity Trust Fund Beneficial for Employer?
Normally Group Gratuity funds of the trust can either be invested by the trustees or alternatively the funds may be let out to LIC who will then invest & give a specified return on the trust fund. The administrative work of the trust, however, is the responsibility of the trustees. Companies prefer to create LIC managed Trust Fund to focus on their core business.
In case of LIC managed funds of the trust, companies will get following benefits:-
(i) The job of investment and interest is paid by the Corporation on the accumulated funds.
(ii) In case of death while in service, the service period is counted while calculating the gratuity as if the person has served the company up to his Normal Retirement Date.
(iii) LIC maintains the fund under the name of the trust.
(iv) Investment of funds is taken care by LIC & Interest is declared as per the performance of Total Fund and credited to the individual trust fund.
(v) At the time of exit of an employee, trustee send discharge and advice LIC to make payment of Gratuity as per Scheme to the Trust.
(vi) Tax benefits are as per the provisions of the Income Tax Act, 1961. Such as Contribution to LIC are treated as business expenses to the company and Interest earning are Tax-Free. (Tax laws are subject to change.)
The above tax benefit as stated in (vi) above is not available to the companies who make the accounting provision of Gratuity in their Balance Sheet as per the provisions of Accounting Standard-15 (Revised 2005) and IndAS 19.
In case you have any requirement for consultancy for creating Group Gratuity Trust Fund with Insurance Company, need any clarification on payment of Gratuity Act related issues or need PDf copies of official notifications for various past amendments, then you may contact me.
12th February 2019 From India, Delhi
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