Are School Bus Drivers Entitled to Minimum Wages and Gratuity Under the T.N. Govt. Labour Act?

A person worked as a driver of our recognized matric school bus from 1-8-2001 to 31-3-2008, and his last drawn salary was Rs. 3000/- per month. He was also enrolled under the E.P.F. scheme for the above period of 7 years. He resigned from his job on 31-3-08 after the detection of theft of diesel. He has also received his E.P.F. amount thereafter.

He has gone to the Labour Commissioner claiming gratuity for a false period of 11 years and calculating his salary under the Minimum Wages Act at Rs. 5000 per month. Please let me know whether the Minimum Wages Act is applicable to schools and, if so, from which date?

Do school bus drivers come under the T.N. Govt. Labour Act, and are they eligible for minimum wages salary and gratuity benefits?

Minimum Wages and Gratuity in Tamil Nadu Schools

Minimum ages are applicable to schools in TN. Please check the notified DA of Minimum Wages of TN at the following http://paycheck.in <link updated to site home> minimum wages/Tamil-Nadu. You can check the minimum wages for the relevant category in the schedule and determine the wages.

With regard to gratuity, he is entitled to gratuity as he has worked for more than 5 years. Regarding the false claim, the liability is on him to prove that he has worked for 11 years with you. If you have any records like an appointment letter, EPF form 2, or ESIC registration number for coverage/employment card, etc., they may be produced before the authority.

Regards

If you terminated him directly, then you have to pay the gratuity; however, before that, you must check whether he has completed 240 days each year. On the other hand, if you went through the domestic enquiry and found him guilty, then the organization can deprive him of the gratuity benefit.

Minimum Wages Compliance

Part of the minimum wages will remain as it is. Minimum wages are applicable in all employment places. If, upon cross-checking, your organization is found not to have paid the minimum wages, then you may be required to pay the arrears as well. Try to settle the matter across the table.

Regards

Dear Mohammad, if the employee was terminated after holding a domestic inquiry and found guilty of misconduct, then you can forfeit the gratuity. As per your information, he resigned on 31/3/2008. When did he approach the Controlling Authority with a complaint for non-payment of gratuity? Unless complete details are provided, it is difficult to give proper legal advice.

Thanks & Regards,

RL Dhingra, Advocate Labour Law Consultant, Delhi [Phone Number Removed For Privacy Reasons] Email: [Email Removed For Privacy Reasons]