Are Private School Teachers Entitled to Gratuity? Seeking Clarity and Legal Insights

Dear Friends,

My wife recently resigned from her job as a teacher in a private school in Delhi on health grounds after serving continuously for over 7 years. The School Management categorically informed her that she is not entitled to any Gratuity, citing a directive from the Directorate of Education that quotes a paragraph under CCS (Pensions) rules, and stating that Teachers are not considered "employees" under the Labour Law.

Could someone provide guidance, for the benefit of all teachers, on the following points - with relevant authorities that can be referenced either in a book, online, or through an attachment in this forum?

1. Are teachers of Private unaided Schools entitled to Gratuity?
2. The High Court of Ahmedabad had issued an order on the "employee" status of teachers, leading to their exclusion from Gratuity provisions. What were the key features of this order?
3. Subsequently, the Supreme Court stayed this order pending Parliamentary discussion on the subject to make Gratuity applicable to all teachers. When did this happen, and what is the reference for this order? Can it be referred to, and can someone post the relevant stay order on this forum?

It is important to note that most Private School Teachers lack adequate and concrete knowledge of the rules regarding this significant aspect. A discussion on this subject would greatly benefit all of them.

In this year, gratuity rules have been amended. Teachers are eligible for gratuity. However, please search on Google for the "Payment of Gratuity Act 2009."

Vishnukant

Sir, kindly advise if Karnataka state private high school teachers are eligible for gratuity. If not paid the gratuity amount by the school, what should I do?

This is what I found.

We too are rather confused about whether gratuity is applicable to teachers in Gujarat or not. Through the posts in this forum, I understand it is applicable to non-teaching staff, including computer teachers, librarians, and the heads, coordinators, etc., who work for the same number of hours as non-teaching staff. Can someone please update us with the latest act/ruling, or is it still an impasse?

Do schools have to cater for gratuity for teachers or not?

My query is specifically for unaided private schools. I was told there was another ruling in 2014 that had stayed the implementation of Gratuity for Teachers. Does anyone have a copy of that ruling?

According to https://leicesterwea.com/, they are. The only issue is that the rule doesn't apply to every single private school. I would recommend speaking to your principal because these days, you can never be sure.

Hello Everyone, I work as an HR at a private unaided school and have been involved in multiple rounds of labor court cases in the past few years concerning gratuity for teachers. Recently, the Government of India amended the Gratuity Act effective from 6th May 2016, meaning that teachers retiring after this date will be ineligible for gratuity.

Repealing and Amending Act of 2016

Please refer to the Repealing and Amending Act of 2016, where the gratuity for teachers has been completely repealed in its entirety (amended). I am attaching the complete guide, which indicates that teachers were entitled to gratuity if they retired or left their jobs between 3rd April 1997 and 6th May 2016.

Reference Courtesy: Excelsis Advisors