I worked for a school for 10 years and resigned. That school has less than 10 employees. School management said it wont pay gratuity citing rules under payment of gratuity act. But when I consulted a lawyer in Chennai he interpreted that act is applicable for more than 10 person but it doesn\'t say that if less than 10 person it doesn\'t say it is not covered. And he said an employee who is on a continuous service in a officer cadre is eligible for gratuity. Can someone clarify and if there is any precedent please let me know. One more question can we add trustees of the school as an employee?
From India, Madras
From India, Madras
Dear Abhijit Barua,
Thanks for your immediate reply. I have still two doubts - my school which was started (only foreigners learn - which was approved by Govt. of India) some 20 years ago, is only growing now. In the early years there were only one principal and a teacher (both foreigners). In 2002 I joined and managed administration and when I resigned there were one principal and 6 teachers.
Doubt no.1 - My school has never had a strength of 10 (teacher and staff)
Doubt no.2 - There were about 6 managing trustees who managed the trust - can they be taken into consideration for calculating total number of employees of an organisation?
Regards
anandan subramanian
From India, Madras
Thanks for your immediate reply. I have still two doubts - my school which was started (only foreigners learn - which was approved by Govt. of India) some 20 years ago, is only growing now. In the early years there were only one principal and a teacher (both foreigners). In 2002 I joined and managed administration and when I resigned there were one principal and 6 teachers.
Doubt no.1 - My school has never had a strength of 10 (teacher and staff)
Doubt no.2 - There were about 6 managing trustees who managed the trust - can they be taken into consideration for calculating total number of employees of an organisation?
Regards
anandan subramanian
From India, Madras
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf