Struggling to Receive Gratuity After 14 Years at Aditya Birla School – What Can I Do?

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Even after 14 years and seven months of service with ABHS school of the reputed Aditya Birla School, I still have not received my gratuity.

Dr. G. Bhattacharyya
Principal of a GSEB affiliated day-cum residential school
Gujarat

From: "gangulis" <shyamlal.ganguli@adityabirla.com>
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To: "Mohandoss NotSpecified" <b.mohandoss@adityabirla.com>
CC: g_bhattacharya2000@yahoo.com, vg.somani@adityabirla.com
Subject: Fw: a request of a teacher of ABHS School veraval
Date: Thu, 8 Nov 2007 10:22:40 +0530

Dear Mr. Mohandoss,

Please release.

Regards,

S. Ganguli.

----- Original Message -----
From: Goutam Bhattacharya
To: shyamganguli@adityabirla.com; santruptmishra@adityabirla.com; gangulis@adityabirla.com
Sent: Saturday, November 03, 2007 4:27 PM
Subject: a request of a teacher of ABHS School veraval

Respected Sir,

Kindly note, here is the 'copy of the letter' through which I have requested the sanction of my 'Gratuity'. Kindly help me in this regard by doing the needful. With earnest endeavor, I look forward to hearing from you. Thanking you.

Yours faithfully,
G. Bhattacharyya, Principal SANDIPANI GURUKUL

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Dr. Goutam Bhattacharyya
M.Sc, B.Ed, PhD [PGT, Biology]
Aditya Birla Higher Secondary School
VERAVAL 362266, (Gujarat)
22nd August 2007

To
The Honourable Secretary
Aditya Birla Higher Secondary School
VERAVAL 362266, (Gujarat)

Through: The Principal, Aditya Birla Higher Secondary School, Veraval 362266, (Gujarat)

Subject: Requesting the sanction of the "Gratuity amount".

Sir,

Kindly note, I tendered my resignation on 11th June 2007, stating the three months' notice period [from 11th June 2007 to 11th September 2007] as per the rules. I am leaving due to one of the genuine reasons that Dr. Ganguliji stated during the meeting on 9th August 2007 in the guesthouse of the Aditya Nagar, Veraval. I got a better job opportunity [i.e., principal post of a Higher Secondary School] elsewhere. I have been working as a regular Post-Graduate-Teacher [PGT-Biology] since January 20, 1993. The total period of my service in this institution would be 14 years and 7 months, which is a 'pretty long duration'. I was told by the Principal that as per the resolution passed by the management of this institute to get the gratuity, one has to complete 10 years and retire from his or her service. Kindly consider my long service here, look into this matter, and oblige.

Considering my quite long association [nearly 15 years] with this well-reputed institution under the aegis of the renowned "Aditya Birla Group," kindly sanction my Gratuity. I am leaving this institute at this juncture just because I got a better job opportunity elsewhere. I am very happy to express my sincere gratitude for having given this opportunity to serve in this well-reputed institution.

Thanking you,

Yours faithfully,
Goutam Bhattacharyya
Veraval

Kindly note, I tendered my resignation on 11th June 2007, stating the three-month notice period [from 11th June 2007 to 11th September 2007] as per the rules. I am leaving due to one of the genuine reasons that Dr. Ganguliji stated during the meeting on 9th August 2007 in the guesthouse of Aditya Nagar, Veraval. I have a better job opportunity [i.e., principal post of a Higher Secondary School] elsewhere. I have been working as a regular Post-Graduate Teacher (PGT-Biology) since January 20, 1993. The total period of my service in this institution would be 14 years and 7 months, which is a "pretty long duration." The Principal informed me that, as per the resolution passed by the management of this institute, to receive gratuity, one must complete 10 years of service and retire. Kindly consider my long service here; please look into this matter and oblige.

Considering my nearly 15 years of association with this well-reputed institution under the aegis of the renowned "Aditya Birla Group," kindly sanction my gratuity. I am leaving this institute at this juncture because I have a better job opportunity elsewhere. I am very grateful for the opportunity to serve in this esteemed institution. To date, I have not received my gratuity.

[Dr. Goutam Bhattacharyya]

Dr. Bhattacharyya,

Without going into details of the terms of appointment you and your past employer had, I would like to share my understanding of the Payment of Gratuity Act. I understand the act does not cover 'Teacher' in the definition of 'employee' (the beneficiary). There are judgments to this effect as well. There are amendments with respect to the coverage of teachers as beneficiaries proposed in the act which are yet to come into force and certainly were not in force in the year 2007. I am sharing my views purely on a technical aspect and have no further information about the resolution you have referred to.

As an HR professional, I request you to consider refraining from posting details about the organization and its officials' names in the public domain. You may consider editing the post if the option is available.

Dear,

I would also like to support the views expressed by Mr. Hiten Parekh. If there is a resolution to this effect, then approach the civil court for a claim.

With Regards,
R.N. Khola

Mr. Bhattacharya, I must advise you to kindly go to your labor office in your area. Talk to the D.L.O or A.L.O and discuss your problem with them. They will guide you on the necessary actions to recover the money.

As you served as Principal there, you do not fall within the definition of a workman. Therefore, you cannot invoke the jurisdiction of the Labour Office as suggested by rath_ratikanta. Instead, you should immediately file a civil suit or a writ before the High Court.