Pbskumar2006
Sr.manager-hr
Kishorkulkarni
Law Practice
Pon1965
Construction
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg
Sethupathy
Sr.manager-hr
Rrjaju
Chartered Accountant
+3 Others

Thread Started by #pbskumar2006

Dear Friends, There is confusion question still "GRATUITY" is applicable for Teachers ? If there is any G.O. please supply. Regards, PBS KUMAR
16th November 2013 From India, Kakinada
Refer the below HC ruling
Teacher is an 'employee' and entitled to gratuity benefits: HC - Indian Express
pon
16th November 2013 From India, Lucknow
Dear Pon ji, 'YES' of course , need Gazette Notification if any. Regards, PBS KUMAR
16th November 2013 From India, Kakinada
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
16th November 2013 From India, Lucknow
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.
16th November 2013 From India, Kolhapur
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
16th November 2013 From India, Kakinada
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.
16th November 2013 From India, Coimbatore

Attached Files
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File Type: pdf Gratuity.pdf (80.5 KB, 766 views)
File Type: pdf Deepak_Dua_vs_Directorate_Of_Education_&_Anr_on_10_April,_2013.PDF (88.6 KB, 326 views)

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
18th November 2013 From India, Mumbai
In addition what has been provided by others, you may refer these attachments as well for more information reg.gratuity to Edu.Institutions.
18th November 2013 From India, Bangalore

Attached Files
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File Type: pdf Payment_of_Gratuity Case laws-Educational Insttns..pdf (283.4 KB, 430 views)

Yes. Gratuity is applicable to teachers from 3.4.1997. Regards, R.R.Jaju
18th November 2013 From India, Mumbai
Dear Mr. Raju, Will you please supply the Gazette Notification dt. 3-4-1997 URGENT PLEASE. Regards, PBS KUMAR
18th November 2013 From India, Kakinada
dear kumar,
You can use the link to get the notification
Home
with warm regrds,
sethupathy
18th November 2013 From India, Coimbatore
Hi kumar, How U missed this earlier postings, use these links:
https://www.citehr.com/253578-gratui...dent-fund.html
http://www.lawyersclubindia.com/foru...act%202009.pdf
18th November 2013 From India, Bangalore

Attached Files
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File Type: pdf Gratuity Amendt. atc 2009 -effective 3.4.1997.pdf (84.5 KB, 177 views)

I am confused by the conversation about teachers being eligible for gratuity - i thought the supreme court had passed that teachers did not come under the category and so there is now a bill pending to try and include teachers.Has the bill been passed?
21st November 2013 From India, Mumbai
Dear Mr. Kumar.S
I was not missed all our friend were posted the same notification in this. But it was not mentioned any where "Private Teachers (Convent Schools)" are eligible for Gratuity. Please go through at once.
Regards,
PBS KUMAR

26th November 2013 From India, Kakinada
Are there any Supreme Court judgments and high court judgments upholding retrospective amendment to Payment of Gratuty Act to cover teachers in Educational Institutes under the act.
Please give me case laws
G Y Suhas
30th November 2013 From India, Bangalore
Dear Suhas,
You can go through the attached files on stay on applicability of gratuity act to a retrospective date.
The stay was given by Karnataka High court.
S.Sethupathy
Excellent HrR Services,
Erode
3rd December 2013 From India, Coimbatore

Attached Files
Membership is required for download. Create An Account First
File Type: pdf Amendment to Gratuity Act stayed - The Hindu.pdf (24.1 KB, 162 views)
File Type: pdf KARNATAKA HIGH COURT-SYNOPSIS AND LIST OF DATES.pdf (179.6 KB, 61 views)
File Type: pdf KARNATAKA HIGH COURT WRIT PETITION ON GARUITY ACT.pdf (3.09 MB, 76 views)
File Type: docx K.V.Dhananjay view on grauity act.docx (17.1 KB, 84 views)

Dear Seniors,
can anybody having notification about gratuity calculation limit increased by 15 days to 30 days.
in maharashtra
28th June 2018 From India, Kolhapur
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