Dear All,
As per the scope of the Gratuity Act - 1972, every factory and Shop or establishment employing 10 person shall be covered under the Act.
As for as IT companies are concerned, these are covered under shop and establishment Act of concerned state and normally employing 10 employees shall be covered under the Gratuity Act.
The payment of gratuity is governed by the act as one has rendered 5 years completed years of service shall be eligible for payment of gratuity.
and it will be calculated as,
15 days average (divided by 26) last drawn basic wages (Basic+DA) for every completed year of service.
Gratuity = [{(Basic+DA)/26}*15] * completed years of service.
Hope it will clarify the subject matter.
further you can write for more particular case.
Mohd. Arif Khan