If someone worked in a private school for 6 years and put a resignation mail on 40 days notice period. then he is eligible for gratuity or not.
and after giving resignation for 40 days notice period they terminate the person. as per rules, it is right or wrong.
now they are refusing for gratuity and saying there should be 3-month notice required for gratuity.

From India, Bahadurgarh
Dear Kapil Jaitly,
There is nothing like 3-month notice for the gratuity. Under the provisions of the Payment of Gratuity Act, gratuity is claimed by submitting Form 1 to the employer. Have you submitted this form to your school? Please search the internet to download this from applicable to your state.
As far as eligibility of the gratuity is concerned, teachers are perfectly eligible to receive the gratuity on separation from the organisation. You may click the following link to refer to the news report on the verdict given by the Supreme Court of India:
Dinesh Divekar

From India, Bangalore

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