yes,i fully concurr with vies of Mr hariharan,in this context i filed one case before Asst,Labour commissioner &controlling Authority,Payment of gratuity Act1972,Bhopal, based on the Amendment of Payment of Gratuityact 2009 stating that Teachers are now well with in the definition of Employees and eligible for gratuity for the service rendered by teacher from date of joining april89 to date of retirement aprin 2003,The hon,controllining Authority ordered to one of schcool authorities at Bhopal M.P.for Paymentof eligible gratuity amount calculated from April89 to April2003,AppoxRs51000/and interset theron from april 89 till date of order december 2010,total amount Rs91000/appox,However ,The schcool authorities did not obeyed controlling order authorities,but ot prefer Appeal before Appellate Authority,Labour Commissiner ,Bhopal,But,the appellate Authority, gave decision for remand and returned case to controlling Authority to review with in 2months on the objection raised by council of School,that
1 No opportunity was given to defend the case,where as fact is that school advocate attended hearing and also exchanged parliament enactment papers alng with labour ministry ,Govt of India notification and other relevent papers,notification published in Law times in January 2010,further ,2/3 hearings made and case waskept reserved for order,then order directing to school for payment of gratuity was issued as mentioned above.
2 the teacher has applied directly to controlling office ,after lapse of 7years after retrement,hence time barred,whereas applicant approached several time to school authorities for payment of gratuity personally,but they did not responded.further ,prior to amendment ,december2009,private school teachers were not with the purview of definition ,in view of supreme court decision in ahmedabad primary teachers association case.Parliment therefore amended definition,and cause of action for payment of gratuity arose to teachers from the date of amenment /notification,
in my opinion ,Appellate Authority has not grannted for validity of amendment that the amendment is effective from 3rd April 1997,i.e those teachers who have retired w.e.f 3rdApril 1997 are eligible to claim gratiuty for their service period even joined before april 1997,but retired after april1997,if iam correct ,even prior to april1997 ,gratuity was payable to private teachers ,
Will you please give opinion on this case ,whether ornot appellate authority order for remand is justified,also what should be further course of action ,pldiscuss,and let us know ,if any cases have been decided in this context