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Dear Friends, There is confusion question still "GRATUITY" is applicable for Teachers ? If there is any G.O. please supply. Regards, PBS KUMAR
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Refer the below HC ruling
Teacher is an 'employee' and entitled to gratuity benefits: HC - Indian Express
pon
Teacher is an 'employee' and entitled to gratuity benefits: HC - Indian Express
pon
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
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
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.
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.
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
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.
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.
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
In addition what has been provided by others, you may refer these attachments as well for more information reg.gratuity to Edu.Institutions.
Yes. Gratuity is applicable to teachers from 3.4.1997. Regards, R.R.Jaju
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Listed Under payment of gratuity City-India-Kakinada gratuity for teachers applicability of gratuity act id act gazette notification hr services gratuity act high court supreme court payment of gratuity act central government Country-India
Gratuity Act-Teachers-Ma dhya Pradesh.docx
Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf
