Gratuity

Dr.Gaurang N. Gandhi (Querist) 24 February 2011 This query is : Resolved
Sir

Is Religious and charitable trust running jain -Hindu temple and provide accommodation regarding rooms and BHOJANSHALA to the visitors of the temple on nominal charge{not profit making}, employed 19 workers R eligible for payment of Gratuity to their employee?

Is there any SC ruling in favour of the Employer?????

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Kirti Kar Tripathi (Expert) 25 February 2011
Public charitable and religious trusts are also covered by this Act, provided that they are shops or establishments within the meaning of the Shops and Establishment Act applicable to their area of operation and that 10 or persons have been employed by them on any day in the preceding 12 months but whether an institution performing such function falls within the scope of shop and/or commercial establishment, this the question of fact and can be decided only after adducing evidences in this regard.