Payment of gratuity

This query is : Resolved

Shah Kautuk (Querist)
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28 August 2011 To get the proper direction and guidelines of the court in respect of the payment of Gratuity to the private/unaided school teachers, Where shall the school management file the petition? High court Or Supreme court?

U S Sharma

U S Sharma (Expert)
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28 August 2011 Labour commissioner>highcourt

Ashok Sharma,ACS,LL.B.,B.Com.,

Ashok Sharma,ACS,LL.B.,B.Com., (Expert)
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29 August 2011 Whether the school is liable to pay gratuity to any teacher based upon length of service etc,school management should consult a Labour Law Lawyer,he can guide you better.

There is no need to file a petition in High Court or Supreme Court, there is no provision in law to approach such courts for matters like this.

You can approach High Court/Supreme Court when some lower courts/labour court/tribunal has given judgement to pay gratuity to a particular person and you want to appeal against that judgement.

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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29 August 2011 First of all I agree with the expert Mr. Ashok Sharma.

Secondly the school management cannot file any petition as they are liable to pay the gratuity.

It is the individual teacher or their association or union can file the petition for non payment of gratuity.

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