Dear friends,
Teachers of Recognized Schools in Delhi:
As per Section 2(h) of the Delhi School Education Act 1973, "employee" means a teacher, including other employees working in recognized schools. Teachers of recognized schools under the Delhi School Education Act 1973 and rules made thereunder are governed by the said Act and Rules.
I.K. ARORA
From India, Delhi
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3Teachers of Recognized Schools in Delhi:
As per Section 2(h) of the Delhi School Education Act 1973, "employee" means a teacher, including other employees working in recognized schools. Teachers of recognized schools under the Delhi School Education Act 1973 and rules made thereunder are governed by the said Act and Rules.
I.K. ARORA
From India, Delhi
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Dear Madhu,
The Pay Commission recommendations are not applicable to private schools, whereas the gratuity applicability of such establishments is governed by the Payment of Gratuity Act. However, until now, teachers have not been eligible to receive gratuity. At the same time, all administrative staff and the Principal, who also perform some kind of administrative work in connection with the school, are eligible to receive gratuity at the same rate as applicable to employees of industrial and other establishments as per the provisions of the Payment of Gratuity Act.
A bill has been presented to amend the Payment of Gratuity Act, incorporating teachers under the definition of employees so that they would also become eligible to receive gratuity. I believe that this amendment has not yet become an Act. Therefore, I advise you to search for any notification in this regard rather than focusing on the sixth pay commission.
Regards,
Madhu.T.K
Hi,
As per my understanding, the definition of "Employee" has already been amended by the Government of India via notification dated December 31, 2009. By this definition, teachers are covered under the purview of the Payment of Gratuity Act. Before this, in 1997, this Act was extended to educational institutes as well. Now, all kinds of employees performing any kind of work are covered by this amendment.
From India, Delhi
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The Pay Commission recommendations are not applicable to private schools, whereas the gratuity applicability of such establishments is governed by the Payment of Gratuity Act. However, until now, teachers have not been eligible to receive gratuity. At the same time, all administrative staff and the Principal, who also perform some kind of administrative work in connection with the school, are eligible to receive gratuity at the same rate as applicable to employees of industrial and other establishments as per the provisions of the Payment of Gratuity Act.
A bill has been presented to amend the Payment of Gratuity Act, incorporating teachers under the definition of employees so that they would also become eligible to receive gratuity. I believe that this amendment has not yet become an Act. Therefore, I advise you to search for any notification in this regard rather than focusing on the sixth pay commission.
Regards,
Madhu.T.K
Hi,
As per my understanding, the definition of "Employee" has already been amended by the Government of India via notification dated December 31, 2009. By this definition, teachers are covered under the purview of the Payment of Gratuity Act. Before this, in 1997, this Act was extended to educational institutes as well. Now, all kinds of employees performing any kind of work are covered by this amendment.
From India, Delhi
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I worked for 20 yrs in public school in delhi as pgt computer sc.but they r not giving me gratuity.kindly advice me for legal action
From India, Delhi
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From India, Delhi
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With the amendment in the definition of employee under the Payment of Gratuity Act, you are eligible to get gratuity. Please apply for gratuity in form I. Regards, Madhu.T.K
From India, Kannur
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From India, Kannur
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Dear All,
In our view, the position of the law has been settled; a teacher in a school is eligible for gratuity if they have put in the required years of continuous service, which is five years. After the amendment of 2009, the definition of an employee has been enlarged.
I am attaching a decision of the Bombay High Court, Nagpur Bench in Writ Petition No. 3415/2011 decided on 21.2.2014 - Vidharbh Youth v. Pradip Kumar. This judgment can be downloaded from the official site of the High Court.
Regards,
Amar K. Ramani
From India, Nagpur
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In our view, the position of the law has been settled; a teacher in a school is eligible for gratuity if they have put in the required years of continuous service, which is five years. After the amendment of 2009, the definition of an employee has been enlarged.
I am attaching a decision of the Bombay High Court, Nagpur Bench in Writ Petition No. 3415/2011 decided on 21.2.2014 - Vidharbh Youth v. Pradip Kumar. This judgment can be downloaded from the official site of the High Court.
Regards,
Amar K. Ramani
From India, Nagpur
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