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Eligibility of Teacher for Gratuity


03-Sep-2026 (In Labour & Service Law)
My wife worked as a regular teacher in an unaided public school at Delhi from 5 Apr 94 to 31 Mar 2001. She had resigned from service due to family reasons. The school did not give her Gratuity at the time of resignation neither she demanded. Can the same be claimed from the school now? The school is still functioning. The Supreme court had upheld the retrospective amendment and extended gratuity coverage to teachers effective from April 3, 1997.
Answers (5)

Answer #1
999 votes
Yes, she can seek gratuity from the school. Since she worked from 5 April 1994 to 31 March 2001, she completed more than five years of continuous service. A formal demand should be made by proceedings before the appropriate authority with an explanation for the delay.
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Advocate Rahul Kumar

Adv. Rahul Kumar

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Answer #2
663 votes
Yes she can most definitely claim Gratuity in the present case She can file a claim in the CAT and ask for whatever gratuity is due A case here is most definitely maintainable and gratuity can most definitely be claimed
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Advocate Shambhavi Sharma

Adv. Shambhavi Sharma

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Answer #3
601 votes
From a bare perusal of what is mentioned, she can claim and become entitled for the same but to some extent after 1997 till resignation. However, the same can be confirmed by perusing the whole records for the clear certainty.
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Advocate Alankrit Bhatnagar 

Adv. Alankrit Bhatnagar 

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Answer #4
570 votes
Yes you could claim it under payment of the gratuity act, 1972. It is a very simple process, you just need to send a demand notice to the school and then file the case before the concerned Gratuity commissioner and you will get result within two years.
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Advocate Ashutosh Kumar Mishra

Adv. Ashutosh Kumar Mishra

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Answer #5
990 votes
As per the rules, an employee is required to submit Form 'I' within 30 days of leaving the job. However, various courts—such as the Madhya Pradesh and Bombay High Courts—have clarified in their judgments that an employee's right to gratuity cannot be forfeited solely on the grounds of delay; the delay can be condoned. The biggest challenge after 25 years will be proving that you were employed by that company. You will need to produce concrete documents such as salary slips, appointment letters, relieving letters, or PF statements.
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Advocate Rajeev Kumar

Adv. Rajeev Kumar

LawRatoDelhi | 25+ Answers
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