Dear Ms.Daisy
Please read section 1(3)(c) of the Payment of Gratuity Act. According to this sub section of Section 1 of the Payment of Gratuity Act, if in any shop or establishment to which any law relating to shops and establishments is applicable, and which employs ten or more persons then the Payment of Gratuity Act is applicable, As your shop/establishment has employed more than 10 persons at some point in time, the Payment of Gratuity Act is applicable to your establishment. Please also read section 1(3A) of the Payment of Gratuity Act. This section says that in the case of a shop or establishment which had employed 10 or more persons and in which the number of employees falls below ten at some point in time, the Payment of Gratuity Act will continue to apply even though the number of employees has become less than ten. This is as far as the applicability of the Payment of Gratuity Act to your establishment/shop. For an individual employee to claim the benefit of the Payment of Gratuity Act, this Act should be applicable to the establishment and the individual employee should satisfy the conditions specified in the PG Act to become eligible to get gratuity.
With regards