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mhetre_mahesh
Hi,
Could you please tell me, which types establishments are covered under Payment of Gratuity Act 1972.
can any one claim the gratuity after a service of 5 yrs or more if he have been terminated due to disciplinary action.

From India, Pune
sameerparanjape
12

Hi,
The Payment of Gratuity Act is applicable to any factory, shop n establishment, educational institution employing more than 10 employees. EMPLOYEE WHO HAS COMPLETED 5 YEARS OF CONTINUOUS SERVICE THOUGH TERMINATED AFTER CONDUCTING DEPARTMENTAL ENQUIRY IS ENTITLED TO GRATUITY UNLESS TERMINATED FOR OFFENCE INVOLVING MORAL TURPITUDE ETC. That means the misconduct for which he is terminated plays the role.
S.M. Paranjape, Advocate

From India, Pune
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