Dear Ram,
Many companies are not mentioned anything about gratuity in their Appt orders, which doesn't mean that they can deny it.
Suppose a company not mentioned anything about PF/ESI in their Appointment Orders, should they explain the same to the PF or ESI authorities for non deduction?
Please go through the Section 1 of this Act-
Section: 1
Short title, extent, application and commencement.
(1) This Act may be called the Payment of Grataity Act, 1972.
(2) It extends to the whole of India:
Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and Kashmir.
(3) It shall apply 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 establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
for your reference I am enclosing the bare act of it. Please go through this.
Also note that if the company functioning more than one state then the Central Rules are applicable.
All the best Ram
S.Sethupathy,
Excellent HR Services,
Erode.