PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Insolvency N Gst Professional
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nathraoApplicability of gratuity:
Applicability of Act
The Payment of Gratuity Act 1972 applies to the whole of India and so far as it relates to ports and plantations it does not apply to the State of Jammu and Kashmir. It applies to: (a) every factory, mine, oilfield, plantation, port and railway company. (b) Every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishment in a State, in which 10 or more persons are or were employed on any day in the preceding 12 months.
So you have to be certain that 10 or more employee where hired in the last 12 months.
From India, Pune
umakanthan53The numerical strength of the employees is the criterion for the applicability of the Payment of Gratuity Act,1972 only in respect of shops or establishments and notified establishments as mentioned in sec.1(3)(b) and (c) of the Act respectively. Sec.1(3-A) of the Act explicitly clarifies that the subsequent reduction in the minimum no. of 10 employees in the establishment is inconsequential for its continued application.
Since the poster's worked for more than 5 years before his resignation, he is eligible to get gratuity.
From India, Salem
jsnegiDear Mr. Lajpat,
You are eligible for the gratuity since you have completed five years of continuous services as it is applies to the establishment i.e registered under Factory act, Shops establishment , mines act,etc.
From United States, Chicago
nathraoWith the bare information posted by querist,one cannot be sure whether he is entitled for gratuity or not. Unless he gives additional info we cannot opine about eligibility of gratuity.
From India, Pune