Mp Thane Gratuity

8/3/2019 Mp Thane Gratuity

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3

rdOctober.2011

To

The Principal Secretary,

Government of Maharashtra,Higher & Technical Education Department,

Mantralaya Annex, Mumbai-400032.

Subject: - Gratuity cum Retirement Benefits

Appellants: Non Teaching Staff,Muchhala Polytechnic,

Sai Baba Vihar Complex,

Anandnagar, Ghodbander Road,

Thane400 601

Defendants: 1) The President,

Sai Shiva Educational Trust,

Ground Floor, Amar Mahal,

Near Chandan Cinema,

A.D.Road, Juhu, Mumbai400 049

2) The Principal,

Sai Shiva Educational TrustsMuchhala Polytechnic,



Thane400 601

Respected Sir,

Muchhala Polytechnic, Thane is managed by Sai Shiva Educational Trust. It is approved by All India

Council for Technical Education, New Delhi (AICTE) & recognized by Government of Maharashtra

(GOM), Directorate of Technical Education, Mumbai (DTE) & affiliated to Maharashtra State of

Technical Education, Mumbai (MSBTE).The Muchhala Polytechnic was started in year 1995 as a

Technical Institute in which activities of imparting knowledge of training are carried out

systematically to students.

Background

The gratuity is a retirement benefit for long and continuous service as a provision for old age. It is

earned as a matter of right on fulfilling conditions subject to which it is earned. It is not a gratuitous

payment depending upon the discrimination, sweet will or fancy of the employer. Gratuity is not only

a retiral benefit, but it is a reward for good, efficient and faithful service rendered for a considerable

period.

What is the Legal Position?

The Central Government has published a Notification no. 5-42013/1/95/SS II, dated 3rd

April, 1997.

In exercise of the power conferred by the clause (c) of sub- clause (3) of section 1 of the Payment of

Gratuity Act 1972, have extended the Act to Educational Institutions. The Central Government hereby

specifies the educational institutions in which ten or more persons are employed or were employed onany day preceding 12 months as a class of establishments to which the said Act shall apply with


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effect from the date of publication of this notification. Muchhala Polytechnic, Thane is an educational

institution in which more than 10 persons are employed hence the said Act is applicable to them.

The Payment of Gratuity Act 1972 is applicable to the non teaching employees of Muchhalapolytechnic, Thane, since these employees fall within the definition of employee as contained inSection 2(e) of the said Act and hence can claim gratuity under this the Act.

Who is responsible for ensuring the above?

The President, Sai Shiva Educational Trust, and the Principal, Muchhala Polytechnic, are

responsible to implement the Gratuity Scheme to the employees who leaves the service aftercompletion of 5 years continuous service or upon death/retirement as per the Payment of Gratuity Act

1972.

Definition of employee as per the Section 2(f) of the Employees Provident Fund Act, 1952 isaccepted by the Management of Muchhala polytechnic, Thane and the necessary provision as per said

Act are implemented, similarly it is also, now the responsibility of Management of Muchhala

polytechnic, Thane to implement Gratuity Scheme as per the Payment of Gratuity Act 1972 to theNon Teaching Staff.

What is being prayed under this Appeal?

This appeal is made for the making the provision of insurance in respect of the liability of

management to pay Gratuity to Non Teaching Staff of Muchhala polytechnic, Thane vide Section 4A

of the Payment of Gratuity Act, 1972.

We humbly request your good self to take necessary actions so that the Management of Muchhala

Polytechnic, Thane will make necessary provision as per the Payment of Gratuity Act, 1972 to staff.

Thanks

Yours Truly

Sr. No. Name of Employee Designation Signature

1 Arun K. Hange Asst. Librarian

2 Ashok S. Gaikwad Sr. Clerk

3 Nisha R. Bavner Sr. Clerk

4 Pradnya S. Gaonkar Clerk

5 Bhanudas N. Patil Clerk

6 Kiran R. Rane W/S Instructor

7 Pradeep R. Ingle W/S Instructor

8 Omprakash T. Borole W/S Instructor9 Sambhaji K .Jadhav W/S Instructor

10 Ravindra S. Chaudhary Lab. Attendant

11 Ashok Y. Nachanekar Lab. Attendant

12 Sarita P. Patil Lab. Attendant

13 Subhash P. Athawale Peon

14 Shankar S. Athawale Helper

15 Nilesh G. Shinge Helper

16 Vishanu N. Jangale Helper

17 Sunita S. Jadhav Sweeper

18 Laxman.A. Pawar Sweeper


3/12

3rd

October.2011

To

The Dy. Labour Commissioner,

6th Floor, Office Complex Building,

Plot No P-7, Wagle Industrial Estate,Above Labour Court,

Near Mulund Check Naka,

Thane (West) - 400601.


Appellants: Non Teaching Staff,

Muchhala Polytechnic,



Thane400 601






2) The Principal,

Sai Shiva Educational Trusts



Anandnagar, Ghodbander Road,Thane400 601

Respected Sir,







Background





period.



April, 1997.


Gratuity Act 1972, have extended the Act to Educational Institutions. The Central Government herebyspecifies the educational institutions in which ten or more persons are employed or were employed on

any day preceding 12 months as a class of establishments to which the said Act shall apply with


4/12







1972.



polytechnic, Thane to implement Gratuity Scheme as per the Payment of Gratuity Act 1972 to theNon Teaching Staff.







Thanks

Yours Truly




















5/12

3rd

October.2011

To

The Joint Director,

Technical Education Mumbai Regional Office,

World Bank Project Building,Govt. Polytechnic Campus, 49-Kherwadi,

Aliyawar Jung Marg, Bandra (East), Mumbai-400 051

.






Thane400 601






2) The Principal,

Sai Shiva Educational Trusts




Respected Sir,







Background





period.



April, 1997.


Gratuity Act 1972, have extended the Act to Educational Institutions. The Central Government herebyspecifies the educational institutions in which ten or more persons are employed or were employed on



6/12







1972.



polytechnic, Thane to implement Gratuity Scheme as per the Payment of Gratuity Act 1972 to theNon Teaching Staff .







Thanks

Yours Truly




















7/12

3rd

October.2011

The Director,

Directorate of Technical Education,

3, Mahapalika Marg, Dhobi TalaoMumbai - 400 001






Thane400 601


Sai Shiva Educational Trust,Ground Floor, Amar Mahal,



2) The Principal,




Thane400 601

Respected Sir,







Background


earned as a matter of right on fulfilling conditions subject to which it is earned. It is not a gratuitouspayment depending upon the discrimination, sweet will or fancy of the employer. Gratuity is not only


period.



April, 1997.



specifies the educational institutions in which ten or more persons are employed or were employed on


effect from the date of publication of this notification. Muchhala Polytechnic, Thane is an educationalinstitution in which more than 10 persons are employed hence the said Act is applicable to them.


8/12





1972.


Act are implemented, similarly it is also now the responsibility of Management of Muchhala

polytechnic, Thane to implement Gratuity Scheme as per the Payment of Gratuity Act 1972 to the

Non Teaching Staff .







Thanks

Yours Truly









8 Omprakash T. Borole W/S Instructor

9 Sambhaji K .Jadhav W/S Instructor











9/12

3rd

October.2011

The Chairman,

Shikshan Shulka Samiti

Room No:-305, 3rd Floor,Government Polytechnic Building,

49, Kherwadi, Ali Yawar Jung Marg,

Bandra (E), Mumbai - 400 051.






Thane400 601






2) The Principal,




Respected Sir,







Background





period.



April, 1997.






10/12







1972.



polytechnic, Thane to implement Gratuity Scheme as per the Payment of Gratuity Act 1972 to theNon Teaching Staff .







Thanks

Yours Truly




















11/12

3rd

October.2011

The Regional Officer,

All India Council for Technical Education,

Western Regional Office,

Industrial Assurance Building, Second Floor,Opp. Churchgate Station, Mumbai.400 020






Thane400 601


Sai Shiva Educational Trust,Ground Floor, Amar Mahal,



2) The Principal,




Thane400 601

Respected Sir,







Background





period.



April, 1997.




any day preceding 12 months as a class of establishments to which the said Act shall apply witheffect from the date of publication of this notification. Muchhala Polytechnic, Thane is an educational



12/12





1972.



polytechnic, Thane to implement Gratuity Scheme as per the Payment of Gratuity Act 1972 to the

Non Teaching Staff .







Thanks

Yours Truly









8 Omprakash T. Borole W/S Instructor

9 Sambhaji K .Jadhav W/S Instructor










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Mp Thane Gratuity