Allahabad High Court Quashes GO To The Extent It Denied Gratuity To Teachers Continuing Beyond Superannuation
1 month, 3 weeks ago

Allahabad High Court Quashes GO To The Extent It Denied Gratuity To Teachers Continuing Beyond Superannuation

Live Law  

The Allahabad High Court recently quashed a Government Order to the extent it denied gratuity to teachers who opted to continue beyond their age of retirement, citing primacy of statute over executive fiat. In University College Retired Teachers Welfare Association, Lucknow and another vs. State of U.P., the Allahabad High Court formulated two questions for consideration: whether the petitioners were covered under the definition of employees in the Payment of Gratuity Act, 1972, and if they were liable to be excluded from payment even if covered by the definition clause. Thereafter, the Court stated that previous G.O.s had lost all significance due to the amending Act bringing teachers within purview of the definition of employees. Therefore, the Court had held that the aspect of teachers waiving their gratuity in exchange for additional years of service would become irrelevant, as the principles of acquiescence and estoppel do not apply against statute.

Court Gratuity Teachers University College Act  definition  employees  college  quashes  teachers  high  allahabad  gratuity  university  1972  extent  superannuation  court  held  act  continuing  denied

History of this topic

Writ Petition Has To Be Drafted Carefully, Reliefs Sought Must Be Supported By Pleadings: Allahabad High Court Rejects Claim For Payment Of Gratuity
1 year, 1 month ago

Writ Petition Has To Be Drafted Carefully, Reliefs Sought Must Be Supported By Pleadings: Allahabad High Court Rejects Claim For Payment Of Gratuity

Live Law  

The Allahabad High Court has observed that a petition must be carefully drafted, disclosing all relevant facts for grant of relief sought by the petitioner. Even the petitioners have approached this Court by not disclosing entire relevant facts which goes adverse to their case, i.e., petitioners have not approached this court with clean hands.” Twenty-five petitioners who are either retired …

Private school teachers entitled to gratuity: Supreme Court
2 years, 6 months ago

Private school teachers entitled to gratuity: Supreme Court

India Today  

The Supreme Court, on Thursday, ruled that private school teachers who have retired since April 1997 and completed five years of service will be entitled for the gratuity. The Supreme Court upheld the 2009 amendment to the Payment of Gratuity Act, 1972 and ruled that the benefit of gratuity would extend to teachers, including those employed in private schools. Private …

'Remedies Discrimination Suffered By Teachers' : Supreme Court Upholds Amendment Covering Teachers Under Payment Of Gratuity Act
2 years, 6 months ago

'Remedies Discrimination Suffered By Teachers' : Supreme Court Upholds Amendment Covering Teachers Under Payment Of Gratuity Act

Live Law  

The Supreme Court has upheld the amendment of Payment of Gratuity Act, 1972 extending the benefit of gratuity to teachers.The amendment with retrospective effect remedies the injustice and discrimination suffered by the teachers on account of a legislative mistake, the bench comprising Justices Sanjiv Khanna and Bela M. Trivedi dismissed the appeals/writ petitions challenging the. The amendment with retrospective effect …

Payment Of Gratuity Act| Teachers Come Within The Preview of 'Employee' U/S 2(e): Kerala High Court
2 years, 8 months ago

Payment Of Gratuity Act| Teachers Come Within The Preview of 'Employee' U/S 2(e): Kerala High Court

Live Law  

The Kerala High Court on Monday while dismissing a petition held that teachers come within the preview of 'employee' as defined under the Payment of Gratuity Act. The Court noted that in the exercise of the power conferred in this section, the central government has extended the provisions of the Act to educational institutions employing ten or more persons per …

Pension Scheme Can Be Claimed From Date Of Entering Into Service, Not Date Of Approval Of Regular Appointment: Madras High Court
2 years, 8 months ago

Pension Scheme Can Be Claimed From Date Of Entering Into Service, Not Date Of Approval Of Regular Appointment: Madras High Court

Live Law  

The Madras High Court recently observed that the relevant date while considering the pensionary benefits of Teachers would be the date on which the teacher entered into service and not the date on which the appointment was actually confirmed. Justice S. Vaidyanathan and Justice N Mala relied on the decision in V.Vasanthi v. State of Tamil Nadu wherein, on similar …

Part-Time Vocational Teacher Entitled To Payment Of Gratuity, Act Draws No Distinction Between Categories Of Employees: Delhi High Court
3 years, 7 months ago

Part-Time Vocational Teacher Entitled To Payment Of Gratuity, Act Draws No Distinction Between Categories Of Employees: Delhi High Court

Live Law  

The Delhi High Court has observed that a part time vocational teacher working with the Delhi Government is entitled to gratuity under the Payment of Gratuity Act and that the said legislation draws no distinction between various categories of employees including a full time, ad hoc or a part time employee.A single judge bench comprising of Justice V. Kameswar Rao …

Only After Performing Of Essential Functions As Teacher That State Can Ask A Teacher To Perform Additional Work: Allahabad High Court
3 years, 11 months ago

Only After Performing Of Essential Functions As Teacher That State Can Ask A Teacher To Perform Additional Work: Allahabad High Court

Live Law  

Underlining that performing additional duties is not the reason for which a teacher is appointed, the Allahabad High Court recently directed that all teachers substantively appointed as such should function and perform teaching work first and only thereafter, additional work may be given to them in case of need. The Court had also remarked that the Director-General, School Education must …

Breaking: Teachers Are Entitled To Gratuity, Holds SC After Recalling Erroneous Judgment [Read Judgment]
6 years ago

Breaking: Teachers Are Entitled To Gratuity, Holds SC After Recalling Erroneous Judgment [Read Judgment]

Live Law  

Correcting its earlier erroneous judgment, the Supreme Court has held that the teachers are entitled to invoke Payment of Gratuity Act for claiming gratuity from his/her employer. Error In Earlier Judgment On January 7, 2019 the Supreme Court bench comprising of Justice AM Sapre and Justice Indu Malhotra held that, a teacher, irrespective of the type of educational institute he/she …

Teachers Cannot Claim Gratuity Under Payment of Gratuity Act: SC [Read Judgment]
6 years, 2 months ago

Teachers Cannot Claim Gratuity Under Payment of Gratuity Act: SC [Read Judgment]

Live Law  

The Supreme Court observed that a teacher, irrespective of the type of educational institute he/she is working, is not an 'employee' under Section 2 of the Payment of Gratuity Act and and therefore has no right to invoke the Act for claiming gratuity under the Act from his/her employer. Administrative Officer that a "Teacher" could not be regarded as an …

Discover Related