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REDDYANDREDDYASSOCIATES 55dafb5d4ec0a407c44969ae Services https://www.reddyandreddylawfirm.com

GRATUITY BENEFIT EXTENDED TO TEACHERS OF PRIVAT...

  • 2022-10-07T11:11:24

GRATUITY BENEFIT EXTENDED TO TEACHERS OF PRIVATE EDUCATIONAL INSTITUTIONS In Independent Schools’ Federation of India (Regd.) v. Union of India and Anr., the Supreme Court affirmed the amendment to the Payment of Gratuity (PAG) Act, extending the benefit of gratuity to teachers, including those in private schools. Petitioners claimed that the amendment (2009) of including teachers under the ambit of employees went against the separation of powers principle and the retroactive amendments were unjust and disproportionate, they violated the constitution. The Bench observed that the amendment with retrospective effect remedies the injustice and discrimination suffered by the teachers on account of a legislative mistake. The Court pointed out that the provisions of the PAG Act, even post the retrospective amendments, will apply only to those teachers who were in service as on 3rd April 1997, and at the time of termination have rendered service of not less than 5 years. With a skillful and trained team of Labour and Employment law experts, Reddy & amp; Reddy Law Firm provides its clients with well oriented and practical advice on all labor and employment compliances matters with due consideration of confidentiality and prudence. We also advice and counsel our corporate clients on sexual harassment compliances and set up of ICC Committees for our clients.

GRATUITY BENEFIT EXTENDED TO TEACHERS OF PRIVATE EDUCATIONAL INSTITUTIONS In Independent Schools’ Federation of India (Regd.) v. Union of India and Anr., the Supreme Court affirmed the amendment to the Payment of Gratuity (PAG) Act, extending the benefit of gratuity to teachers, including those in private schools. Petitioners claimed that the amendment (2009) of including teachers under the ambit of employees went against the separation of powers principle and the retroactive amendments were unjust and disproportionate, they violated the constitution. The Bench observed that the amendment with retrospective effect remedies the injustice and discrimination suffered by the teachers on account of a legislative mistake. The Court pointed out that the provisions of the PAG Act, even post the retrospective amendments, will apply only to those teachers who were in service as on 3rd April 1997, and at the time of termination have rendered service of not less than 5 years. With a skillful and trained team of Labour and Employment law experts, Reddy & amp; Reddy Law Firm provides its clients with well oriented and practical advice on all labor and employment compliances matters with due consideration of confidentiality and prudence. We also advice and counsel our corporate clients on sexual harassment compliances and set up of ICC Committees for our clients.

  • 2022-10-07T11:11:24

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