Gratuity Implement Mandatory Or Not??

If in a company there is no gratuity deduction or funda..then if a employee have completed 5 years or 4 years and 240 days...should company have to paid Gratuity to that employee??

If you know matters concerning gratuity is covered by an Act of Parliament, where is question of discretion to the employer ?? All applicables laws, whether Central or State laws need to be adhered to by all right thinking & right meaning organisations.
There is no concept of deduction for gratuity; gratuity does not appear as a deduction on your payslip; it is also not mandatory to form a Trust for gratuity; but still, whenever it is due to an employee as per provisions of Act, it needs to be paid, no discretion allowed.
Dixon
Tata Trent, Pune

Thanks for your reply Sir, One more thing that if company denied to pay the gratuity then what step can a employee can take against company?? please suggest

You can approach the concerned Labour Commissioner office with a written complaint reg non-payment of Gratuity a/w all the necessary details like proof of DOJ, DOL, etc..
dixon

Dear Tito,
Payment of Gratuity Act is applicable 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;
(c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
A shop or establishment to which this Act has become applicable shall continue to be governed by this Act, notwithstanding that the number of persons employed therein at any time after it has become so applicable falls below ten.]
Hence, every such establishment has to mandatorily pay the amount to the eligible employees on separation after completion of eligible service. In case of default, the employee can approach the Controlling Authority as defined under the Act.
Regards