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

Member Opinions In This Discussion
India, Kakinada
India, Kolhapur
Law Practice
India, Lucknow
India, Bangalore & Management) Pg
India, Coimbatore
India, Mumbai
Chartered Accountant
+3 Others

Refer the below HC ruling
Teacher is an 'employee' and entitled to gratuity benefits: HC - Indian Express
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.
‘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:
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;
Excellent HR Services, Erode.
16th November 2013 From India, Coimbatore
Attached Files
Registration Required For Access (Create All Access/No-Charge Cite.Co Account First)
File Type: pdf Gratuity.pdf (80.5 KB, 662 views)
File Type: pdf Deepak_Dua_vs_Directorate_Of_Education_&_Anr_on_10_April,_2013.PDF (88.6 KB, 248 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
Registration Required For Access (Create All Access/No-Charge Cite.Co Account First)
File Type: pdf Payment_of_Gratuity Case laws-Educational Insttns..pdf (283.4 KB, 338 views)
Yes. Gratuity is applicable to teachers from 3.4.1997. Regards, R.R.Jaju
18th November 2013 From India, Mumbai
A platform for business and professional insights. Register at Cite.Co and grow professionally with your peers around the world.

Disclaimer: This network and the advice provided in good faith by our members only facilitates as a direction towards the actions necessary. The advice should be validated by proper consultation with a certified professional. The network or the members providing advice cannot be held liable for any consequences, under any circumstances.

About Us - Advertise - Contact Us - RSS   On Google+  
Privacy Policy | Disclaimer | Terms Of Service
Facebook Page | Follow Us On Twitter | Linkedin Network