Not heard of any such new instructions or notification under the Payment of Gratuity Act,1972. Therefore, the contention of the management may be based on wrong interpretation of the notification dated 03-04-1997 of the Central Govt in its S.O.1080 issued u/s 1(3)(c) of the Act bringing in the educational institutions employing 10 or more no. of employees as establishments to which the Act is applicable w.e.f the date of notification. It only relates to the claim for gratuity w.e.f the said date of notification and not to the service rendered by the employees eligible for gratuity prior to that date. In other words the employees retired from service prior to that date can not stake any claim for gratuity since the Act applies to such educational institutions only from the date of notification. Same is the situation in respect of payment of gratuity to teachers consequent on the amendment to the term " employee" u/s 2(e) and insertion of a new section 13-A as per the PG(Amendment)Act,2009.
Therefore, she is eligible to claim gratuity from the date of her appointment in 1995 and the date of retirement in 2016.
If the management pays gratuity only as per their calculation, receive it and file a claim for the balance before the Controlling Authority. 18th July 2017 From India, Salem