Dear Experts
I work as an HR for an educational institute (School) which has been running for last 50 years. Recently we had an employee who retired and we paid her gratuity as per norms. Hearing that we have received notices from our old retired teachers asking for gratuity.I would Like to know if teachers are eligible for gratuity who have retired before the amendment of 2008. These teachers have retired before 2008 Supreme court order to pay gratuity to teachers.
Regards
From India, Mumbai
I work as an HR for an educational institute (School) which has been running for last 50 years. Recently we had an employee who retired and we paid her gratuity as per norms. Hearing that we have received notices from our old retired teachers asking for gratuity.I would Like to know if teachers are eligible for gratuity who have retired before the amendment of 2008. These teachers have retired before 2008 Supreme court order to pay gratuity to teachers.
Regards
From India, Mumbai
Dear friend,
I invite your kind attention to Sec.13-A of the Payment of Gratuity Act,1972 which deals with validation of payment of gratuity inserted by the Amending Act of 2009. As per this new explanatory provision , its retrospective effect commences only from 03-04-1997 the date on which the provisions of the Act were made applicable to educational institutions.
From India, Salem
5967I invite your kind attention to Sec.13-A of the Payment of Gratuity Act,1972 which deals with validation of payment of gratuity inserted by the Amending Act of 2009. As per this new explanatory provision , its retrospective effect commences only from 03-04-1997 the date on which the provisions of the Act were made applicable to educational institutions.
From India, Salem
Dear UMAKANTHAN53
Thank you for your reply, I would like to know if there is a due date to apply for gratuity after their service with the school. The teacher was retired in 2003 and have sent a notice for her gratuity in 2016.
During the end of her tenure she had signed on a voucher that all payment and dues have been made w.r.t her service.
Now she has sent a notice via her advocate for Bonus, Gratuity and leave encashment.
From India, Mumbai
Thank you for your reply, I would like to know if there is a due date to apply for gratuity after their service with the school. The teacher was retired in 2003 and have sent a notice for her gratuity in 2016.
During the end of her tenure she had signed on a voucher that all payment and dues have been made w.r.t her service.
Now she has sent a notice via her advocate for Bonus, Gratuity and leave encashment.
From India, Mumbai
Dear friend,
Any statutory claim for money has a normal period of limitation prescribed in the relevant Act and Rules and in exceptional circumstances there would also be provision to condone the delay. I think that as a HR manager, you should go through the Payment of Gratuity Act,1972 and the Rules and familiarize yourself with such procedural matters. Then it would be clear to you to what extent the aspect of delay in a claim for gratuity would be applicable when the claim itself is preferred at a later date based on a retrospectively amended provision of the Act and the effect of a self-certicate of "no further claim whatsoever nature in future " given earlier by the employee on the date of his/her full and final settlement when the Act was not applicable to his/her employment.
From India, Salem
Any statutory claim for money has a normal period of limitation prescribed in the relevant Act and Rules and in exceptional circumstances there would also be provision to condone the delay. I think that as a HR manager, you should go through the Payment of Gratuity Act,1972 and the Rules and familiarize yourself with such procedural matters. Then it would be clear to you to what extent the aspect of delay in a claim for gratuity would be applicable when the claim itself is preferred at a later date based on a retrospectively amended provision of the Act and the effect of a self-certicate of "no further claim whatsoever nature in future " given earlier by the employee on the date of his/her full and final settlement when the Act was not applicable to his/her employment.
From India, Salem
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Gratuity Act-Teachers-Ma dhya Pradesh.docx
Gratuity Act amendment to include Teachers.pdf