Dear Mr.Vikas
Please read section 1(3) of the Payment of Gratuity Act. According to this section the Payment of Gratuity Act applies to
(a) every factory, mine, oilfield,plantation port or railway company.
According to section 2(g) of the Payment of Gratuity Act,the term "factory" has the meaning assigned to it in clause (m) of section 2 of the Factories Act. Therefore, the relevant school is not a "factory" as defined under the Factories Act..
Similarly under section 2(j) of the Payment of Gratuity Act, the term "mine:" has the meaning assigned to it in clause (j) of sub section 1 of Section 2 of the Mines Act, Therefore the relevant school is not a "mine" as defined under the Mines Act.
Similarly under section 2(l) of the Payment of Gratuity Act, the term "oil field" has the meaning assigned to in clause (e) of section 3 of the Oil Fields (Regulation and Development) Act 1948. Therefore the relevant school is not a "oilfield" as defined under the clause (e) of section 3 of the Oil Fields (Regulation and Development) Act 1948.
Similarly under section 2(m) of the Payment of Gratuity Act, the term "plantation" has the meaning assigned to it clause (f) nof section 2 of the Plantation Labour Act. Therefore the relevant school is not a "plantation" as defined under the Plantation Labour Act.
Similarly under section 2(p) of the Payment of Gratuity Act, the term "railway company" has the meaning assigned to it in clause (5) of the Indian Railways Act. Therefore the relevant school is not a "railway company" as defined under the Indian Railways Act.
Similarly under section 2(n) of the Payment of Gratuity Act, the term "port" has the meaning assigned to it in clause(4) of section 3 of the Indian Ports Act. Therefore the relevant school is not a "port" as defined under the Indian Ports Act.
As the Payment of Gratuity Act cannot be made applicable to a school under section 1(3) (a) of the Payment of Gratuity Act, we have to see whether the P.G. Act can be made applicable under section 1(3) (b) of the Payment of Gratuity Act.
It has been held in a judgment of the Supreme Court of India that the "schools" are "establishments to which any law for the time being in force is applicable" as contained in section 1(3)(b) of the Payment of Gratuity Act. Therefore, the other condition to be fulfilled under section 1(3)(b) of the Payment of Gratuity Act for the applicability of the PG Act to a school is that it should employ 10 or more persons or 10 or more persons were employed on any day during the preceding twelve calendar months in that school.
Therefore in order ascertain whether the relevant school has employed 10 or more persons, I asked to know the number of persons employed therein.
I trust your doubt is cleared.
With regards