Dear All I was working with private university in U.P. govern by u.p.umbrella act 2019 and due to covid 19 they terminated services. The details of salary breakup is as follows in sheet- basic-rs 31,975 hra-15,987 conv-1600 special allowance-14,389 .worked for 14 years , there is no DA part in salary sheet, No PF deduction done by University? And EL remaining was 120. Kindly calculate and provide details - 1-Salary of one month and 22 days 2-EL encashment amount 3- Amount of Grauity ? 4- Can any legal case be done after legal notice to them for a.not providing DA and PF during so long years b.For not providing Gratuity amount? 5- To whom to contact for Grauity and PF ? There was off on Saturday and Sunday per week but not in all months of a year. I shall be grateful to you. Thx n Best Regards
From India, Lucknow
Labour Law & Hr Consultant
Partner - Risk Management
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Dear Manoj,

I have no idea about the U.P Umbrella Act, 2019. However, I am sure any provision of such a State Law cannot run counter to the provisions of the Central Law like the Payment of Gratuity Act,1972 on the same subject-matter so as to nullify it.

As per the provisions of sec.4 of the PGA,1972, you are entitled to gratuity for the entire 14 years of service rendered. The formula for calculation is=

Last drawn basic pay/26X15X14

Since you were a teacher, the encashment of EL on termination of employment depends on the leave rules of the educational institution or the provisions of any State Law applicable to private educational institutions in the State.

Better engage the services of a labor lawyer who will guide you to file a claim under the PGA,1972 before the Controlling Authority under the Act.

Weekly holidays,all other holidays and all authorised leave are included to compute continuos service u/s 2-A of the PGA,1972.

From India, Salem

Umakanthan Ji I assume you meant Last drawn (basic pay + DA)/26X15X14 ?
From India, Mumbai

Yes, Saswata. But as there is no D.A component in the wage structure mentioned in the post, I have taken the basic pay last drawn only for the purpose of calculation.
From India, Salem

The Uttar Private University Act 2019 is an umbrella legislation enacted to bring and regulate all the existing and new private universities in the state of UP. There is no provision in it regarding the payment of salary and its components. So much help cannot be derived from it.

Since there is no legal right given in any statute to claim DA, a court case in the matter may not be fruitful. As regards PF, in case you had joined this university, without being a member of the EPF Scheme, the non-membership of the Scheme is not in violation as it appears you were drawing wages in excess of the ceiling limit as per the EPF Act 1952. As regards Gratuity, you can claim it by filing an application before the Controlling Authority under the PG Act 1972 (normally the Labour Officer of the local area where the University is located)

From India, Mumbai

Umakanthan Ji, Yes you are right, I missed it in the original post 🙏🏽
From India, Mumbai

Dear Manoj, It would be better to lodge a case in court in claim of your dues from the employer. The court shall decide the matter on its merit.
From India, Mumbai

The claim for gratuity can be filed before Controlling Authority, Payment of Gratuity Act / Assistant Labour Commissioner. For encashment of earned leave, if you are "teacher", then your claim would not lie in Labour Court, otherwise, if you are "workman", then move Labour Court u/s 6H of U.P. Industrial Disputes Act.
- S. K. Mittal

From India, Faridabad

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