Please help me with guidance on thsi urgent query. My mother has been working as a Teacher in a private – govt. recognized school is delhi for 20 years now. She’ll be retiring in March 2011. To our shock, a colleague of her’s who just retired has been refused gratuity by the school stating its not meant for School teachers but only for administrative staff. is that true? I don’t think so! Can you please guide to the Gratuity rule which clearly states that teachers too are eligible for it. manythanks, Sheena
From India, Delhi
From India, Delhi
Dear Sheena,
Your mother is unfortunately not eligible for the payment of Gratuity. The Delhi High Court has held that a teacher including a head mistress of a school not being an 'employee' will not be entitled to gratuity under Payment of Gratuity Act 1972. (Municipal corporation of Delhi V. Jai rani, 2006 LLR 1137 (Del HC)
Same thing has been upheld by the Supreme Court in similar cases.
From India, Mumbai
19Your mother is unfortunately not eligible for the payment of Gratuity. The Delhi High Court has held that a teacher including a head mistress of a school not being an 'employee' will not be entitled to gratuity under Payment of Gratuity Act 1972. (Municipal corporation of Delhi V. Jai rani, 2006 LLR 1137 (Del HC)
Same thing has been upheld by the Supreme Court in similar cases.
From India, Mumbai
Your mother is eligible for Gratuity, there is a notification from Central Govt in respect of amendment in definition of Employees under the Act and after that it is applicable to all kind of employees who employed in any kind of shop & Establishment. it was extended to educational institute in year 1997 by notification.
in view of this ask the School Managment, if they still not ready to pay file an application before the Appropriate Authority under payment of Gratuity Act.
in view of this ask the School Managment, if they still not ready to pay file an application before the Appropriate Authority under payment of Gratuity Act.
Dear Khola,
Actually it was the case titled as Ahmedabad Private Primary Teachers' Association vs. Administrative Officer and others that lead to the Amendment on the above subject decided by our Hon'ble Supreme Court in which the hon'ble Supreme Court observed if it was extended to cover in the definition of 'employee', all kind of employees, it could have as well used such wide language as is contained in clause (f) of section 2 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 which defines 'employee' to mean any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with the work of an establishment. It had been held that non-use of such wide language in the definition of 'employee' under clause (e) of section 2 of the Payment of Gratuity Act, 1972 reinforces the conclusion that teachers are clearly not covered in the said definition.
This above observation paved the path to revised the definition of word "employee". subsequent to that Bill for amendment was introduced in Loksabha and finally passed by both houses and notifed in official Gazzatt of India in Dec 2009.
After that there is no confusion on this issue, now its clear that Payment of Gratuity Act is applicable to Teachers also.
Actually it was the case titled as Ahmedabad Private Primary Teachers' Association vs. Administrative Officer and others that lead to the Amendment on the above subject decided by our Hon'ble Supreme Court in which the hon'ble Supreme Court observed if it was extended to cover in the definition of 'employee', all kind of employees, it could have as well used such wide language as is contained in clause (f) of section 2 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 which defines 'employee' to mean any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with the work of an establishment. It had been held that non-use of such wide language in the definition of 'employee' under clause (e) of section 2 of the Payment of Gratuity Act, 1972 reinforces the conclusion that teachers are clearly not covered in the said definition.
This above observation paved the path to revised the definition of word "employee". subsequent to that Bill for amendment was introduced in Loksabha and finally passed by both houses and notifed in official Gazzatt of India in Dec 2009.
After that there is no confusion on this issue, now its clear that Payment of Gratuity Act is applicable to Teachers also.
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Gratuity Act-Teachers-Ma dhya Pradesh.docx
Gratuity Act amendment to include Teachers.pdf