24 August 2011
I'm a school principal at Vadodara, Gujarat. I want to know whether a teacher of our private/unaided primary school who was appointed on 14/06/1968 and retired on 19/01/1999 ,is eligible to get Gratuity ? and If he is eligible then form which year is he eligible to get the payment of Gratuity? as the Central Govt. amended in the bill No 109 on 12/11/2009
25 August 2011
As per provisions of Payment of Gratuity Act 1972 it applies to:- 1.Every factory (as defined in Factories Act), mine, oilfield, plantation, port and railway. 2.Every shop or establishment to which Shops & Establishment Act of a State applies in which 10 or more persons are employed at any time during the year end. 3.Any establishment employing 10 or more persons as may be notified by the Central Government. Once Act applies, it continues to apply even if employment strength falls below 10.
There prima facie it is evident that your school is liable to make gratuity payment to the teacher otherwise the school is liable for penal provisions under the act which may even entail imprisonment for the owner of school.
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