Hi,
Recently my sister resigned her job from a private school in Rajasthan after 20 years of services. The school authorities informed that they are under the category of unaided schools and there is no provision of gratuity to the staff of such schools.
Kindly suggest me if there is any provision of gratuity to the staff of unaided schools, so that I can leagally proceed further in this case.
From India, Jaipur
Recently my sister resigned her job from a private school in Rajasthan after 20 years of services. The school authorities informed that they are under the category of unaided schools and there is no provision of gratuity to the staff of such schools.
Kindly suggest me if there is any provision of gratuity to the staff of unaided schools, so that I can leagally proceed further in this case.
From India, Jaipur
Anil,
All teachers are covered under Payment of Gratuity Act 2009 (amended). She should get gratuity.
Read the relevant section as per Gratuity Act 2009.
2. The Hon’ble Supreme Court in its judgment in Civil Appeal No. 6369 of 2001 dated
the 13th January, 2004, in Ahmedabad Pvt. Primary Teachers’ Association vs. Administrative
Officer and others [AIR 2004 Supreme Court 1426] has held that if it is extended to cover in
the definition of ‘employee’, all kinds of employees, it could have as well used such wide
language as is contained in section 2(f) 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 has been held that non-use of such wide language in the definition of
‘employee’ reinforces the conclusion that teachers are clearly not covered in the said definition.
3. Keeping in view the observations of the Hon'ble Supreme Court, it is proposed to
widen the definition of ‘employee’ in order to extend the benefit of gratuity to the teachers.
Accordingly, the Payment of Gratuity (Amendment) Bill, 2007 was introduced in Lok Sabha
on the 26th November, 2007 and the same was referred to the Standing Committee on Labour
which made certain recommendations. After examining those recommendations, it has been
decided to give effect to the amendment retrospectively with effect from the 3rd April, 1997,
the date on which the provisions of the said Act were made applicable to educational
institutions.
Pon
From India, Lucknow
604All teachers are covered under Payment of Gratuity Act 2009 (amended). She should get gratuity.
Read the relevant section as per Gratuity Act 2009.
2. The Hon’ble Supreme Court in its judgment in Civil Appeal No. 6369 of 2001 dated
the 13th January, 2004, in Ahmedabad Pvt. Primary Teachers’ Association vs. Administrative
Officer and others [AIR 2004 Supreme Court 1426] has held that if it is extended to cover in
the definition of ‘employee’, all kinds of employees, it could have as well used such wide
language as is contained in section 2(f) 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 has been held that non-use of such wide language in the definition of
‘employee’ reinforces the conclusion that teachers are clearly not covered in the said definition.
3. Keeping in view the observations of the Hon'ble Supreme Court, it is proposed to
widen the definition of ‘employee’ in order to extend the benefit of gratuity to the teachers.
Accordingly, the Payment of Gratuity (Amendment) Bill, 2007 was introduced in Lok Sabha
on the 26th November, 2007 and the same was referred to the Standing Committee on Labour
which made certain recommendations. After examining those recommendations, it has been
decided to give effect to the amendment retrospectively with effect from the 3rd April, 1997,
the date on which the provisions of the said Act were made applicable to educational
institutions.
Pon
From India, Lucknow
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