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pbs
Dear All,
I was working as a Lecturer in Engineering College. I worked there for 7 years. I was on permanent basis. Then recently i resigned from there.
1) So can I elegible for the Gratuity?
2) What is the minimum period after that gratuity is applicable.?
3) Is there any GR of Maharashtra Govt regarding this? Pls forward me
on
Thanking you,,
Prof.Prashant Shinde

From India, Sangli
R.N.Khola
363

R/Prof.Prashant Shinde,
It is hereby made clear that teachers are not entitled to have gratuity under the Payment of Gratuity Act, 1972. If the Maharashtra Govt. have issued any special Instructions in this behalf or your college management have made rules for payment of gratuity then the situation may be different.
Regards,
R.N.Khola

(Labour Law & Legal Consultants)
09810405361

From India, Delhi
pon1965
604

Mr.Khola is correct. But very soon, they will be brought under the gratuity act. Pl. see the news article.
The Union Cabinet today gave its approval for introduction of a Bill in this regard in Parliament that will bring teachers in the ambit of "employee" definition. " This will result in coverage of teachers in educational institutions under the Payment of Gratuity Act, 1972, as per a Supreme Court decision," Parliamentary Affairs Minister Priyaranjan Dasmunsi told reporters after the Cabinet meeting.

From India, Lucknow
dassvenkatesh
herewith i have attached the gratuity detail for your reference.. Hope it, useful to you..
From India, Madras
Attached Files (Download Requires Membership)
File Type: pdf Gratuity.pdf (69.5 KB, 1247 views)

opray
1

Educational institution covered for the definition of Industry in industrial dispute Act 1947. By Gazzete notification of 3rd April 1997. Hence teachers are entitle for gratuity.
From India
Madhu.T.K
4248

Education institutions are establishments and even come under the definition of commercial establishments. But as of now, teachers are not workmen/ employees under the Industrial Disputes Act. In the similar view, teachers are not employees coming under the purview of Payment of Gratuity Act since teaching is considered as "noble profession". At the same time, all administrative staff members and the Principal of the school or college are 'employees' and are eligible for gratuity.

However, there seems to be different interpretations in some states. The measures to bring the teachers under the Gratuity Act and ID Act are also welcoming because, right now teachers are employees under the Employees Provident Fund Act. They are also covered by Employees State Insurance which was basically meant for 'workmen'. When a teacher is a workman under the ESI Act and EPF Act and when these two central Acts have not considered teachers as doing a "noble profession", why should not they come under the workman of Payment of Gratuity Act?

Regards,

Madhu.T.K

From India, Kannur
malikjs
167

tks mr madhu
very nicely interpreted.
regards
js malik

QUOTE=Madhu.T.K;848002]Education institutions are establishments and even come under the definition of commercial establishments. But as of now, teachers are not workmen/ employees under the Industrial Disputes Act. In the similar view, teachers are not employees coming under the purview of Payment of Gratuity Act since teaching is considered as "noble profession". At the same time, all administrative staff members and the Principal of the school or college are 'employees' and are eligible for gratuity.

However, there seems to be different interpretations in some states. The measures to bring the teachers under the Gratuity Act and ID Act are also welcoming because, right now teachers are employees under the Employees Provident Fund Act. They are also covered by Employees State Insurance which was basically meant for 'workmen'. When a teacher is a workman under the ESI Act and EPF Act and when these two central Acts have not considered teachers as doing a "noble profession", why should not they come under the workman of Payment of Gratuity Act?

Regards,

Madhu.T.K[/QUOTE]

From India, Delhi
Tirlok Dhir
1

Dear Prof Shinde, Find enclosed herewith latest amendement in the Graduity stating the teachers are eligilible for gratuity. Regards Tirlok Dhir
From India, Gurgaon
Attached Files (Download Requires Membership)
File Type: pdf Payment_of_Gratuity.pdf (283.4 KB, 558 views)

pbs
Dear All,
thanks for giving answer to my query about Gratuity. still some doubts are there
1) As I worked in Maharashtra state, and particularly in Engineering college as an Lecturer, so some people said that College is not coming under factory law, hance I am not entitled
2) Can anybody having information about this?
3) Is Maharashtra Govt passed a GR on this issue?
----Prof.Prashant B.Shinde
walchand College of Engg. Sangli, Maharashtra
Email:-

From India, Sangli
Raj Kumar Hansdah
1426

This is an Amendment Bill. Whether it has become an Act ?? (i.e. passed by both Houses of Parliament and given Presidential assent). Regards.
From India, Delhi
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