Regarding EL and gratuity

I have already explained my question regarding my EL and gratuity. I got immediate response from Mr Ganguly also. Thank you sir. I have applied for EL through mail on 31 July 2015. But the college authority has not responded and has not given me any letter or notice so far officially whether my EL has been approved or not. I took leave due to my high sugar level and High blood pressure. But till now i have not received any letter in this regards. Kindly advise me about my following doubts sir if possible for which i will be highly obliged to you. It is to mention here that the college is under society act and under AICTE, BPUT and Govt of Odisha

1. that i am serving for the college since dec 2004 and till 2013, ELs have been taken by employees. then in 2013, the college authority stopped EL leave by making their own set of rules.
Whether i am eligible for EL in such situation or not?
2. That I have applied for EL . Whether the college authority has the duty to inform me in written form about the status of my EL or not? Is it legal that till now they have not communicated me in this regards ?
3. Whether I can apply for my gratuity mount from the college or not? Whether the college is bound to pay me gratuity or not?
4. I am going to quit the college in the next two months. Can I take my EL during this period as a notice period ? Can I be eligible to get my salary during this two months of my notice period of resignation?

Kindly reply to me in simple process along with legal difficulties that my arise regarding this.

Thank you

Asked 8 years ago in Labour

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2 Answers

1.It is strange that the college authority has stopped EL. Have they introduced any other leave in place of EL? hat is that leave called? As per Act, any employer is bound to allow EL and medical leave and based on the rule you are eligible to get EL,

2.You have given half backed information. Have you applied for EL giving the authority sufficient time to arrange for an alternative for you? In any case they were supposed to inform you in case your application was rejected,

3. After quitting the college, you can certainly ask for your dues which includes gratuity to be pid to you,

4.It depends on your terms of employment mentioned in your appointment letter or service conduct rule. If there is any provision to adjust the notice period with unused EL, then you can take EL. Alternatively you can first take EL for the notice period then resign giving notice for the said period,

Krishna Kishore Ganguly

Advocate, Kolkata

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Thanking you for your valuable reply .
1. I applied for EL on dt 31.7.2015 . but I have not got any official reply regarding the status of my EL. Then on Aug 17, I extended my EL leave for further 15 days. i also inquired about status of my FIRST EL . the college authority did not responded. i have not got any notice or any sort of written document from their side though i applied for EL since July 31st.
Then I extended my EL application again on 30th august till sept 10. Again I wanted to know about my previous two EL leave status. But till now they have not responded a single time . In that case what should be my stand? in case they will not sanction my EL, what should be the next step to be taken by me ?

2. Regarding Gratuity, I could not understand shashidhar sirs 5th point ie "5.The teachers are beneficiaries of the provisions of the Payment of Gratuity Act, 1972. In fact the Act by amending Section 13 has also nullified the effect if any due to judgement of the Hon’ble Supreme Court had on payment of gratuity.".
Kindly explain me in a simplified way about it.
3. as i am working in a pvt college which is under society act, I want to know from you that whether the college authority are bound to pay my gratuity or not?
The college authority told me that as the college is a non profit organization, you are not eligible to claim Gratuity. Is it true??

Asked 8 years ago

1. If your EL is not granted, you will come to know about it when you join the Company,

2. If not granted, you can lodge a complaint before your local labour commissioner for the injustice done on you,

3. Under the given circumstances now informed, you are not eligible for payment of gratuity.

Krishna Kishore Ganguly

Advocate, Kolkata

27219 Answers

726 Consultations

5.0 on 5.0

Talk to Advocate Krishna Kishore Ganguly

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Regarding EL and gratuity

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