Is wife entitled to gratuity after serving 30 years in a school?


My wife is retired teacher from CBSE affiliated society run private school at Rohtak after serving the school for 30 years. Is she eligible to receive gratuity? The school is in Haryana and the same society runs 14 institutions - four of which are Govt. aided and funded. She has requested the school to pay the gratuity at present i.e. at the time of retirement.

 

The school is being administered by the DC as the society was superseded by the government and the administration of the society. Is she eligible for gratuity?

 

Answer

 

Payment of Gratuity (Amendment) Act, 2009 was enforced on 31.12.2009 where after all the teachers have been included within the ambit of employee for the purposes of Gratuity Act.

 

Before this amendment, the Supreme Court had held that teachers were not within the purview of employee and therefore could not claim gratuity, but this situation has changed after the commencement of this Amendment.

 

Hence, your wife can claim payment of gratuity from the School under this Act.

 

Kindly contact us for any further details and action.

 


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