Thread Started by #jasmeet-singh1

Hi I have completed 1o yrs in private school organisation.But school denied to give gratuity than i put case to education dept in punjab now they asked me that school has given the letter that person should have age of 58 or completed 20 years in organisation than they are eligible.
Now education dept asked me if you have law orders or any written information than provide us.
3rd September 2018 From India, Delhi
find our your letter of appointment, if you have singed such clause or not
3rd September 2018
Hi
As per the Payment of Gratuity Act, Section 4 states:
4. Payment of Gratuity.- (1) Gratuity shall be payable to an employee on
the termination of his employment after he has rendered continuous service for
not less than five years,-
(a) on his superannuation, or
(b) on his retirement or resignation,
(c) on his death or disablement due to accident or disease:
Provided that the completion of continuous service of five years shall not be
necessary where the termination of the employment of any employee is due to
death or disablement.
It does not make sense to state that one has to complete 58 years or 20 years in service. Let them show the rule. You may take further action in this regards.
Thanks and Regards
3rd September 2018 From India, Hyderabad
Hi,
payment of gratuity act is central act and known to everyone. It is available in the act where it is been specifically mentioned as if employee completes an tenure of 5 years then he / she is entitled for the the gratuity. You can simply take out the copy of the gratuity act and submit it to the specific office who is asking for it in writing.
3rd September 2018
gratuity on 5 yrs completion on commercial establishments provided they comes under shop and establishment act or factory act and have employed more than 10 employees :)
read section 1, clause 3 B of payment of gratuity act 1972
count break of service also
if there is change of management or affilation issue , between private and govt, that should also be considered.
3rd September 2018
Please approach labour department with your case.
You are entitled for gratuity and school rules cannot substitute govt rules.
3rd September 2018 From India, Pune
Dear Jasmeet,
You've not mentioned whether you belong to the teaching faculty or the non-teaching staff of the private school.
Anyway, educational institutions employing 10 or more no. of employees have been notified as a class of establishments to which the PGAct,1972 would apply as per the notification in S.O.1080 dated 03-04-1997 issued by the Central Govt u/s 1(3)(c) of the PGAct,1972.
The definition of the term "employee" u/s 2(e) of the Act has been widened as per the Payment of Gratuity (Amendment) Act,2009 with retrospective effect from 03-04-1997 so as to include teachers employed in educational institutions.
Therefore, the contention of the School Management is totally wrong and its refusal to pay gratuity on that ground is illegal.
Better engage the services of a Labor Law advocate and arrange to file a claim for gratuity before the Controlling Authority under the Act for the area where the school is situated.
3rd September 2018 From India, Salem
As far as my knowledge concern and High court held judgements All teaching staff working in Educational institutions are exempted from Payment of Gratuity..But every state has made rules for its state situations and necessities.
3rd September 2018 From India, Nellore
I would like to request Mr.Gannahope to go through the Statement of Objects and Reasons to the Payment of Gratuity (Amendment ) Act,2009. It has been categorically stated therein that in tune with the observations of the hon'ble Supreme Court in its judgment in Ahmedabad Private Primary Teachers' Association v. Administrative Officer and others ( AIR 2004 S.C 1426 ), it has been proposed to widen the definition of 'employee' under the Act in order to extend the benefit of gratuity to the teachers.
6th September 2018 From India, Salem
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