Payment of Gratuity Act, 1972
Querist :
Anonymous
(Querist) 22 October 2010
This query is : Resolved
Dear experts,
Section 2 (e) of the Payment of Gratuity Act, 1972 defines an Employee as "any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity"
Does this definition cover Central/State Government employees like, clerks,Senior clerks, officers etc.
Who can be said to be "holding a post under the Central Or a State Government"
Kindly clarify and enlighten me at the earliest.
Kirti Kar Tripathi
(Expert) 22 October 2010
Yes. The Payment of Gratuity Act is applicable to the establishments covered under Section 3 of the Act.
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;
(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.
(3A) 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.
The Act is not applicable to Central or State Government employee. They are governed by their rules and regulation made in this regard.
Uma parameswaran
(Expert) 23 October 2010
The persons who are working under Central or state Government come under Holding a post of central or state government.
