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
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
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
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
6th September 2018 From India, Salem