Hello sir,

I wish to seek a help from you that;

My mother was a teacher in a private school since 1st July 2004. After putting 8 years service she resigned from the school on March 22nd 20012 with one month notice. After the resignation she submitted application alongwith FORM-'I" for terminal benefits like PF,Gratuity, experience certificate etc., but till date (4/07/2012) the school management has not given any reply or benefits.

She has sent reminders and personally met the principal, they verbally denied that gratuity is not payable because according to them her appointment was purely temporary and there is a 2 month's break in every year (May & June school vacation) . The initial appoint was for 10 months, from 1st July 2004 to April 2005. In the same process she got the appoint again from 1st July 2005 to April 2006. Thereafter no appointment was issued and she continued her service upto 22nd March 2012.

The school prepared experience certificate in 4 separate letter head showing that year of service she rendered with an malafied intention to show that there was a break during the vacation period. The entire school was not in session during the summer vacation, hence there is no question of attendance of teachers and students.

This comes inspite of the fact that an another teacher of the school who had resigned an year ago got all the benefits.This teacher also worked under the same terms and conditions as my mother.

Regarding gratuity they are excuse that she has not completed 5 years service as per gratuity rule. Actually she had completed 8 years service in a single employer and PF deducted from July 2004 to March 2012 on the same employer's account head.

Please advise us

1. Whether she is eligible for gratuity for 8 years even her initial appointment was 10 months

2. Whether have any clause in the Gratuity act the temporary/permanent employment for getting gratuity.

2. Whether she has a right to get an experience certificate in one single letter head showing the length of service.

Thanking you

With regards,

4th July 2012 From India, Bhopal
She is eligible to get gratuity since as per the amended Act teachers are also employees. Breaks in service will not affect the gratuity provided she had worked at least 240 days in each year.
Regarding service certificate, it is purely management prerogative and you cannot demand a service certificate in the form you like. Normally, one certificate will be issued in which her period of service will be separately mentioned.
4th July 2012 From India, Kannur
Sir, My question is one of my employee resigned after 4yrs and 8month, He is eligible for gratuity. regards, shashikant
16th January 2013 From India, Vadodara
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